9 Comments
Scott
12/3/2020 02:55:37 pm
Congratulations to Judge Hardy! An important job indeed and, I’m sure, in good hands.
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Poster
12/3/2020 08:29:59 pm
Any number of reasons for a split vote.
Reply
Brenner Fissell
12/4/2020 11:29:58 am
You’re reading way too much into this, I think. It’s probably uniform opposition to all Trump lame duck confirmations.
Scott
12/4/2020 11:41:50 am
I think Professor Fissell is right - just uniform opposition to all nominees for the remainder of the term is most likely reason for split vote.
Poster
12/4/2020 12:20:36 pm
Gents, a few of my posts haven't been put on screen. Reading more, or too much, into the subject is nothing new. At 59 to 34, 7 people didn't even cast a vote. Nothing is uniform.
William E. Cassara
12/3/2020 04:07:37 pm
Looking forward to getting to know Judge Hardy. I anticipated a female to replace Judge Ryan but, with another vacancy next year, I suspect that will be resolved.
Reply
Poster
12/4/2020 12:25:42 pm
I will say this though; the idea that CAAF doesn't deal with social issues is misplaced. The damage to the 4th Amendment in the past century isn't a small thing, and CAAF has 'good intentioned' their way into that discussion.
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Scott
12/4/2020 03:07:05 pm
There have certainly been a large number of decisions both expanding and contracting constitutional protections in this arena over the past century, but I’m not sure it’s fair to say that the 4th Amendment, or criminal procedural protections more generally, have been, as a whole, eroded over the past century. To the contrary, it seems on balance they have been substantially increased. A century ago we didn’t have a fully developed exclusionary rule (certainly not at the state level) for unreasonable searches, nor a right to an attorney for the indigent, nor Miranda rights, nor an exclusionary rule for coerced confessions, etc. The last century has seen the creation and expansion of protections we now take for granted in all these areas and more, primarily driven by the courts.
Reply
Poster
12/6/2020 03:31:57 pm
Reference question on the curve of when rights where the most protected: There are straw men arguments, and there are straw house arguments. I am not going to get into either. Your comment will be posted after it is approved.
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