"Where there is no vision, the people perish: but he that keepeth the law, happy is he."
-- Proverbs 29:18, King James Bible (KJV)

Thursday, February 25, 2016

What if Obama Nominated Conservative Judge Richard Posner, Most Cited Judge of Our Era, to the U.S. Supreme Court?

The battle lines have been drawn.
Obama has said that he will abide by his Constitutional duty and will send a nomination to Congress for Constitutionally required Congressional "advise and consent" to fill the position vacated by the passing of Justice Scalia.
All 11 of the Republican Party members of the Judiciary Committee have grouped together in a joint extreme right-wing refusal to do their job. They not only reject doing their Constitutional duty to vote on the nomination, but say that they will ignore the nominee, period. The US News headline reads: Senate GOP: ‘No Hearings, No Vote’ on Supreme Court Nominee. We call that very bad manners, among other things, quite apart from neglect of the call of duty.

Such a decision by those GOP Senate members also flies fully against the majority wishes of the American people. As noted in that same article:
"A Pew Research Center survey found 56 percent in favor of holding a hearing, compared to 38 percent who said the nomination should be the responsibility of the next president. And 62 percent of respondents in a Fox News poll said current leaders should “take action to fill the vacancy now,” compared to 34 percent who felt the president “shouldn’t get to nominate someone for a lifetime appointment … this late in his term.”"
In our opinion, this would be a nice time for President Obama to nominate the conservative but juridically completely unassailable Judge Richard Posner, the most cited American legal scholar and jurist of our era, a President Reagan appointment to the 7th Circuit Court of Appeals, who has been passed over in previous Supreme Court nominations, and who in recent years has said that:
"I've become less conservative since the Republican Party started becoming goofy."
For that quotation read Nina Totenberg at NPR in Federal Judge Richard Posner: The GOP Has Made Me Less Conservative.

Sadly, the above fabulously imaginable scenario of a Posner nomination is very unlikely to happen because, as headlined by Debra Cassens Weiss at the ABA Journal, Posner has "absolutely no desire" to join SCOTUS (acronym for "Supreme Court of the United States").

Posner has previously been quoted as saying:
"“First, I’m too old,” Posner said. “I’m 74 [that was in 2013] and they don’t appoint people my age.... ”I don’t think it’s a real court. I think of it as basically … it’s like a House of Lords. It’s a quasi-political body. President, Senate, House of Representatives, Supreme Court. It’s very political."
Under the present "political" circumstances, however, Posner might just be the right man to put in the limelight as a Supreme Court Justice nominee, which might help greatly by the ensuing public discussion to bring people in America back to a saner view of the basic requirements of their political system as inscribed in the Constitution. We imagine that Posner would make legal mincemeat out of the present Senate Judiciary Committee position.

The people of America need to learn that Supreme Court Justices should not be political puppets of special interests in Congress. Rather, their job is to uphold the Constitution of the United States, politics notwithstanding.

Of course, if President Obama were to nominate someone who is quite clearly a "political" left-leaning nomination, then he will only add flames to the fire. Plus, what potential candidate would want to be put into that conflagration. Hence, Obama would be well-advised to nominate someone whose conservatism is unquestioned. Posner would be just the man.

With Posner as the nominee, the Judiciary Committee would be hard pressed to stick to their "no hearings, no vote" position. They could not be THAT stupid -- but we have been wrong before, and this seems to be a very "goofy" group of Senators.

Ultimately, maybe this "Group of 11" would just sail off into the sunset, having lost face completely. America would not be the worse off for it.

Most Popular Posts of All Time

Sky Earth Native America

Sky Earth Native America 1 :
American Indian Rock Art Petroglyphs Pictographs
Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
Volume 1, Edition 2, 266 pages, by Andis Kaulins.

  • Sky Earth Native America 2 :
    American Indian Rock Art Petroglyphs Pictographs
    Cave Paintings Earthworks & Mounds as Land Survey & Astronomy
    Volume 2, Edition 2, 262 pages, by Andis Kaulins.

  • Both volumes have the same cover except for the labels "Volume 1" viz. "Volume 2".
    The image on the cover was created using public domain space photos of Earth from NASA.


    Both book volumes contain the following basic book description:
    "Alice Cunningham Fletcher observed in her 1902 publication in the American Anthropologist
    that there is ample evidence that some ancient cultures in Native America, e.g. the Pawnee in Nebraska,
    geographically located their villages according to patterns seen in stars of the heavens.
    See Alice C. Fletcher, Star Cult Among the Pawnee--A Preliminary Report,
    American Anthropologist, 4, 730-736, 1902.
    Ralph N. Buckstaff wrote:
    "These Indians recognized the constellations as we do, also the important stars,
    drawing them according to their magnitude.
    The groups were placed with a great deal of thought and care and show long study.
    ... They were keen observers....
    The Pawnee Indians must have had a knowledge of astronomy comparable to that of the early white men."
    See Ralph N. Buckstaff, Stars and Constellations of a Pawnee Sky Map,
    American Anthropologist, Vol. 29, Nr. 2, April-June 1927, pp. 279-285, 1927.
    In our book, we take these observations one level further
    and show that megalithic sites and petroglyphic rock carving and pictographic rock art in Native America,
    together with mounds and earthworks, were made to represent territorial geographic landmarks
    placed according to the stars of the sky using the ready map of the starry sky
    in the hermetic tradition, "as above, so below".
    That mirror image of the heavens on terrestrial land is the "Sky Earth" of Native America,
    whose "rock stars" are the real stars of the heavens, "immortalized" by rock art petroglyphs, pictographs,
    cave paintings, earthworks and mounds of various kinds (stone, earth, shells) on our Earth.
    These landmarks were placed systematically
    in North America, Central America (Meso-America) and South America
    and can to a large degree be reconstructed as the Sky Earth of Native America."

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