Gorsuch Nomination Hearings

[T.Lex]

Preibus and Bannon are idiots. If they want to hang up Gorsuch, it will be because of other idiots.

I haven't been able to follow it today - can you elaborate on this?

Preibus and Bannon each have numerous character flaws (some they even have in common), but I don't consider them idiots. But I'm open to being persuaded. Do you mean they might be intentionally delaying Gorsuch's confirmation?

That would put them well on the way to idiothood.

 

[historian]

Ben Sasse's wife asks the important question (via text): How has he managed to sit there that long without having to pee? Sasse said Gorsuch didn't have to answer.

 

[historian]

I haven't been able to follow it today - can you elaborate on this?

Preibus and Bannon each have numerous character flaws (some they even have in common), but I don't consider them idiots. But I'm open to being persuaded. Do you mean they might be intentionally delaying Gorsuch's confirmation?

That would put them well on the way to idiothood.

Worse, at CPAC they said that Gorsuch was essential to Trump's plan to undo 40 years of laws. The whole, better to keep quite and be presumed a fool than open your mouth and remove all doubt.

 

[T.Lex]

Worse, at CPAC they said that Gorsuch was essential to Trump's plan to undo 40 years of laws. The whole, better to keep quite and be presumed a fool than open your mouth and remove all doubt.

Ah. Got it.

Yeah. That was not smart.

F'n idiots.

 

[jamil]

I looked up the truck driver case. Here's Gorsuch's opinion.

"It might be fair to ask whether TransAm’s decision was a wise or kind one. But it’s not our job to answer questions like that. Our only task is to decide whether the decision was an illegal one. The Department of Labor says that TransAm violated federal law, in particular 49 U.S.C. § 31105(a)(1)(B). But that statute only forbids employers from firing employees who “refuse[] to operate a vehicle” out of safety concerns. And, of course, nothing like that happened here. The trucker in this case wasn’t fired for refusing to operate his vehicle. Indeed, his employer gave him the very option the statute says it must: once he voiced safety concerns, TransAm expressly — and by everyone’s admission — permitted him to sit and remain where he was and wait for help. The trucker was fired only after he declined the statutorily protected option (refuse to operate) and chose instead to operate his vehicle in a manner he thought wise but his employer did not. And there’s simply no law anyone has pointed us to giving employees the right to operate their vehicles in ways their employers forbid. Maybe the Department would like such a law, maybe someday Congress will adorn our federal statute books with such a law. But it isn’t there yet. And it isn’t our job to write one — or to allow the Department to write one in Congress’s place."
​

Either ordering the truck driver to sit in a cab is "operating" or it's not. If it's not, then there's no case. If a judge must redefine a term or rewrite a law to get the ruling he wants, that seems pretty cut and dried.

 

[jamil]

Ah. Got it.

Yeah. That was not smart.

F'n idiots.

So should I consider you persuaded?

 

[T.Lex]

So should I consider you persuaded?

It wasn't a big jump, when taken alongside the other issues I have with them.

 

[historian]

Chris Coons up. RFRA and Hobby Lobby going on.

I am going to have to quit. I'm done with work and have class tonight. I hope someone is home soon and can continue the commentary.

 

[historian]

Chris Coons up. RFRA and Hobby Lobby going on.

Dictionary Act coming up with Hobby Lobby.

I am going to have to quit. I'm done with work and have class tonight. I hope someone is home soon and can continue the commentary.

 

[historian]

Round Two Today starts a 9:30.

www.c-span.org if you are a nerd and want to watch.

 

[jamil]

Not gonna be able to watch much today. Unfortunately.

 

[T.Lex]

Round Two Today starts a 9:30.

www.c-span.org if you are a nerd and want to watch.

I'm following your posts here because I want a nerd to watch and report back.

That's cool, right?

 

[historian]

We are on! Grassley is lobbing his softballs.

 

[historian]

Cameras in the courtrooms part 2!!!!!

Best question!

 

[KG1]

The Dems hate Gorsuch because he doesn't believe in interpretive legislating from the bench.

Also because the dems want their judges to give deference to the "little guy" in any proceeding whereas Gorsuch doesn't judge according to class. He only sees litigants. Says his only obligation is to the law.

 

[historian]

Sen. Feinstein doesn't like gun possession. Just in case you weren't sure.

 

[Birds Away]

The fact that Al Franken gets a vote on the suitability of Neil Gorsuch tells you just how much trouble we are in as a Nation.

 

[Birds Away]

Sen. Feinstein doesn't like gun possession. Just in case you weren't sure.

With the exception of herself.

 

[historian]

Originalism. Law school dean question: Do you agree with Scalia's statement that there is no protection for women, gays, and lesbians since there were no protections for them when the 14th Amendment was passed?

 

[churchmouse]

The fact that Al Franken gets a vote on the suitability of Neil Gorsuch tells you just how much trouble we are in as a Nation.

Exactly