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re: Precedent for mentally incapacitated Justice?
Posted on 1/29/19 at 10:48 am to FalseProphet
Posted on 1/29/19 at 10:48 am to FalseProphet
quote:
She still has to vote on cases, and you think they are just going to accept a note or something for her vote?
What is your understanding of how they are doing it now?
I'm genuinely curious because I have no idea and the public statements on what they are doing make it clear as mud.
1
Posted on 1/29/19 at 10:50 am to ibldprplgld
quote:
I'm just curious if she is in a coma how long they can keep it up before a decision has to be made on her seat.
I don't think they would do anything this session. If she is still absent from the bench when the Court goes to recess in June, then I think the Chief Justice will be in a position to make moves to have her retire.
But I don't see them forcing her out (to the extent that is even possible) during a court term. At some point, however, they will need to stop having her participate in voting if she is not able to be present for arguments. I am uncomfortable with Justices voting in abstentia.
Posted on 1/29/19 at 10:52 am to Y.A. Tittle
quote:
I'm genuinely curious because I have no idea and the public statements on what they are doing make it clear as mud.
From my understanding she is being provided with transcripts of the arguments as well as the briefs from the parties, etc. I wouldnt be surprised if she had audio as well, seeing as those are available to the public already.
But this means that she is not participating in the arguments by asking questions, etc. It also means that she likely is not sitting in conference. Practically speaking they probably have someone deliver her proxy or her clerks deliver her thoughts to the other members of the court. But that is just my speculation based on the snippets we have gotten
Posted on 1/29/19 at 10:53 am to Indefatigable
But, how is she delivering her vote? Is she personally phoning it in?
Posted on 1/29/19 at 10:58 am to Y.A. Tittle
quote:
But, how is she delivering her vote? Is she personally phoning it in?
Good question. I would hope that she did it personally, either via phone, skype, or even letter. But I have a feeling that her clerks may be relaying a lot of the correspondence.
The only reason I am not up in arms about that is that the other Justices do not seem to have a problem with it. As has been mentioned in this thread, Rehnquist was absent for two or three months of arguments. The Court has been here before.
But to reiterate, I think it is an issue that Justices can vote without being physically present for arguments.
Posted on 1/29/19 at 11:00 am to Indefatigable
At some point, it would seem, the ethical duties of the clerks might come into play here.
Posted on 1/29/19 at 11:01 am to ibldprplgld
Ginsberg was pretty much mentally incapacitated the day she first sat on the bench.
Being dead she is just less vocal about it now
Being dead she is just less vocal about it now
Posted on 1/29/19 at 11:02 am to Y.A. Tittle
quote:
the ethical duties of the clerks might come into play here.
Shite... lmao...
Posted on 1/29/19 at 11:03 am to Y.A. Tittle
quote:
At some point, it would seem, the ethical duties of the clerks might come into play here.
I agree. If her condition is impacting her mentally, or precluding her from carrying out her duties, I would hope that they have an obligation to report that situation to the Chief Justice.
Its difficult not to be cynical and assign malice to the clerks as I would with Congressional staffers in a similar spot.
Posted on 1/29/19 at 11:11 am to ibldprplgld
Quora-What would happen
"In December 1974, Associate Justice William O. Douglas, then already the longest-serving Justice of the Supreme Court, suffered a debilitating stroke that left him partially paralyzed and clearly incapable of performing his duties as a Justice. However, he insisted on trying to continue to serve as a Justice. The other Justices agreed to postpone announcing any decision in which Douglas' vote might determine the outcome of the case, and they all implored him to retire. Former Justice and Douglas protégé Abe Fortas finally convinced Douglas to retire in November of 1975."
Yesterday I saw a filler clip on One America News (they run videos where others run commercials) talking about 1870's another Justice was mentally ill so they decided to just ignore everything he did. Ignored his vote, his writings, everything. Forgot the name and video on youtube is not showing on search either. Scrubbing is real!
"In December 1974, Associate Justice William O. Douglas, then already the longest-serving Justice of the Supreme Court, suffered a debilitating stroke that left him partially paralyzed and clearly incapable of performing his duties as a Justice. However, he insisted on trying to continue to serve as a Justice. The other Justices agreed to postpone announcing any decision in which Douglas' vote might determine the outcome of the case, and they all implored him to retire. Former Justice and Douglas protégé Abe Fortas finally convinced Douglas to retire in November of 1975."
Yesterday I saw a filler clip on One America News (they run videos where others run commercials) talking about 1870's another Justice was mentally ill so they decided to just ignore everything he did. Ignored his vote, his writings, everything. Forgot the name and video on youtube is not showing on search either. Scrubbing is real!
Posted on 1/29/19 at 11:22 am to ShortyRob
quote:Oh, so NOW leftists are FOR the U.S. Constitution?
It really is. this is a great example of how the founders could not anticipate just how scummy future politicians would be what you're saying something because it's not like they were a bunch of saints
But I don't think it really occurred to them that a party would keep an incapacitated judge in office intentionally
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