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Conference turris::womannotes-v1

Title:ARCHIVE-- Topics of Interest to Women, Volume 1 --ARCHIVE
Notice:V1 is closed. TURRIS::WOMANNOTES-V5 is open.
Moderator:REGENT::BROOMHEAD
Created:Thu Jan 30 1986
Last Modified:Fri Jun 30 1995
Last Successful Update:Fri Jun 06 1997
Number of topics:873
Total number of notes:22329

377.0. "Supreme Court - O'Connor" by ARMORY::CHARBONND (Noto, Ergo Sum) Wed Jul 08 1987 16:20

    From U.S.News & World Report  July 13 1987  page 19
    
    O'Conner could weild Court's swing vote
    
    Supreme Court observers say that Sandra Day O'Connor may
    emerge as a crucial "swing vote", occasionally voting with
    the liberals to prevent a solid conservative majority from
    emerging. although she usually votes with the High Court's
    conservative bloc, o'connor can be independent and pragmatic.
    Some Court watchers expect her to prevent a rollback of
    decisions on civil-rights and women's issues, including a
    possible test to overturn the 1973 ruling legalizing
    abortion. O'Connor inherits the swing-vote role from retiring
    justice Lewis Powell. he was so respected and beloved by his
    colleagues that they reacted with shock when he announced
    his decision to step aside. O'Connor, according to one 
    Justice, was in tears after Powell told her of his decision.
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377.1I'm in tears, too!VINO::EVANSWed Jul 08 1987 17:492
    
377.2I was hoping he'd hold outIMAGIN::KOLBEMudluscious and puddle-wonderfullFri Jul 10 1987 20:2911
< Note 377.1 by VINO::EVANS >
                            -< I'm in tears, too! >-

	So am I. I don't suppose Reagan will nominate even a moderate if
	Bork (or whatever his name is) doesn't get approved. I read in a 
	magazine article that throughout our history it has happened that
	liberal prezs have had conservative courts and conservatives have
	had moderate or liberal courts. maybe this means the next prez will
	be a liberal. liesl
    

377.3not another conservative judge...damnSKYLIT::SAWYERi'll take 2 myths and 3 traditions...to go..Thu Jul 23 1987 20:4444
    
    judges....all judges...
    should recieve their position from voting by the people...
    not by appointment.
    
    i don't care how it was done in the past.
    i don't care what the "law" says....
    
    it's wrong.
    it's unfair.
    it needs to be changed.
    
    i wonder how many judges would have been judges if the people had
    a right to make the choice?
    
    how free can we be?

    how fair can our system be...when we have no right at all to any
    decision regarding appointment of judges?
    
    if 1 person (man?) has the power to appoint judges....will she/he
    not invariably just select an extension of her/himself?
    
    before a judge is appointed he is interviewed by the president.
    the president proceeds to ask questions and look for answer that
    please HIM..! When she/he (always a he....dam) has find one that
    is a virtual clone of him/her self.....voila!....that's the choice!
    
    reagan (in this case) might just as well not bother to appoint anyone
    at all (and save us big $$$$) and then just vote in that slot....
    or those slots....
    
    just another example of america...of the bureaucracy, by the
    bureaucracy and for the bureaucracy.
    
    
    and, when you reply to this...please don't tell me how bad it is
    anyplace else...
    please don't tell me to go live someplace else...
    
    my point is....it's a problem that needs to be addressed....
    and fixed.
    
    
377.4MONSTR::PHILPOTTThe ColonelThu Jul 23 1987 21:3633
377.5Appointed vs electedSTUBBI::B_REINKEwhere the side walk endsFri Jul 24 1987 01:5112
    in re elected judges....
    
    Rose Bird was an elected judge in California. To *way* over
    simplify the story she got voted out of office as a result
    of her strong stand against capital punishment. 
    
    premise:
    
    Judges who are elected will either move with the whims of the
    people or be voted out if they take a strong but unpopular stance.

    Bonnie
377.6you DO have a say in the matterARMORY::CHARBONNDNoto, Ergo SumFri Jul 24 1987 10:085
    All nominees to SCOTUS must stand before a committee of
    Congress for approval by YOUR elected representatives.   
    
    .3  Did you vote ?  Have you contacted your Congresscritter
    to urge/oppose the nomination of Judge Bork ?
377.7I'll have to side with the Colonel...HPSCAD::WALLI see the middle kingdom...Fri Jul 24 1987 12:417
    
    I have to agree with Ian on this one.  Considering the amount of
    pissing and moaning we do about the legislators and executives the
    people have seen fit to bring to office, I can't believe it would
    be good to immerse the judiciary in the mire as well.
    
    DFW
377.8another vote for appointing judgesULTRA::WITTENBERGDelta Long = -d(sin A/cos Lat)Fri Jul 24 1987 13:5319
< Note 377.5 by STUBBI::B_REINKE "where the side walk ends" >
                           -< Appointed vs elected >-

>    in re elected judges....
>    
>    Rose Bird was an elected judge in California. To *way* over
>    simplify the story she got voted out of office as a result
>    of her strong stand against capital punishment. 

    A detail:  If  I  remember correctly, Judge Bird was appointed, but
    then  voted  out  of  office by a recall election. It only takes a
    majority  to recall a judge, and what's worse, people can campaign
    against  a  judge,  but  she can't defend herself by commenting on
    cases that she's ruled on.

    I certainly  agree  with  you  and  Ian  on  the  desireability of
    appointing judges.

--David
377.9DINER::SHUBINTime for a little something...Fri Jul 24 1987 14:504
    judges (esp supreme court justices) are appointed because at the time
    of the writing of the consititution, there was experience with judges
    being dumped, or losing salary, for unfavorable rulings. Is that any
    way to run a government?
377.10today's bright ideaCHOWDR::EDECKFri Jul 24 1987 17:1312
    
    How about this:
    
    Any decision of the Supreme Court may be submitted for a national
    referendum by the voting population of each state  and shall be 
    defeated only by a 2/3 majority. (The wording may have to be worked
    on.)
    
    Seems like this would close the loop of the balance of powers by
    making the decisions of the Supreme Court "ammendable" by the people.
    
    Any takers?
377.11I think not...HPSCAD::WALLI see the middle kingdom...Fri Jul 24 1987 17:505
    
    Not until a majority of the American people can read the Constitution,
    at the very least.
    
    DFW
377.12but that's another issueARMORY::CHARBONNDNoto, Ergo SumFri Jul 24 1987 17:551
    A majority *can*. But they're too busy watching TV.
377.13Amazin'HPSCAD::WALLI see the middle kingdom...Fri Jul 24 1987 20:165
    
    Really?  If that's true, I'm pleasantly surprised, and wondering
    how long it will last.
    
    DFW
377.14A goverment of laws, not of menOPHION::HAYNESCharles HaynesSat Jul 25 1987 02:0221
    Rose Bird was originally appointed, but *was* confirmed by a vote
    of the people. She was not recalled, she merely failed of
    reconfirmation, as did two other justices up for confirmation at
    the same time.
    
    This is PRECISELY why I oppose "electing" judges. The people will
    vote themselves bread and circuses. I want judges who can concentrate
    on dispensing justice, not pleasing a fickle populace. I don't want
    media stars (excuse me, "photogenic personalities") ruling on
    Constitutional Law. I don't care whether it's my state constitution
    or the federal consitution.
    
    By the way, I think the electoral college was a GREAT idea, I just
    wish it was used in the manner that was intended.
    
    	-- Charles
    
    P.S. Literacy in the U.S. is over 90%, but that doesn't mean that everyone
    who CAN read the Constitution has, or understands it, or believes
    its importance. Besides, granting franchise based on literacy is
    unconstitutional... :-) (and a bad idea)
377.15Screen Actor's Guild card neededVINO::EVANSTue Jul 28 1987 17:5811
    Usta be they taught stuff like the constitution in the public schools.
    And one pretty much had to learn something about it. Probably too
    much computer science to worry about it now, tho' :-).
    
    RE: media stars on the bench. (JUDICIAL bench, not next-up-to-bat
    bench :-))
    
    An actor in the White House is about all I  can cope with.
    
    Dawn
    
377.16is this a woman's issue?OPHION::HAYNESCharles HaynesWed Jul 29 1987 18:1417
    Just for the record, California supreme court justices are appointed
    by the governor (to fill vacancies), and confirmed by popular vote.
    California supreme court justices are not "elected" but they can be
    "de-appointed" (fail of confirmation).
    
    This isn't nearly as bad as electing judges, or having popular review
    of decisions, but it still makes justices too vulnerable to "the hot
    topic of the moment".
    
    The situation at the federal level is analgous to the situation in
    CA, but the confirmation is only once, and it's by Congress and not
    directly by the people. I'm afraid though, that confirmation of supreme
    court justices has become just another bargaining chip in the complex
    dance that the White House and Congress play with each other. I wish
    Congress rejected more justices...
    
    	-- Charles