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From what I've seen so far, Gorsuch is fit for the post and a decent pick; not as fit as garland was of course.
If it were a normal situation, i'd be fine with confirming him. what to do in this unusual situation, I'm not sure. I wouldn't filibuster (because I don't like the filibuster in general, at least not the current filibuster system). I might go with an abstention on the vote, arguing illegitimacy.
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United Kingdom13775 Posts
I'd just suck it up as a failure and confirm him. The Dems have no leverage here at all.
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On February 02 2017 05:08 Toadesstern wrote:Show nested quote +On February 02 2017 05:03 Logo wrote:On February 02 2017 05:02 Toadesstern wrote:On February 02 2017 04:58 Logo wrote:On February 02 2017 04:50 TheYango wrote:On February 02 2017 04:10 xDaunt wrote: EDIT: Also, I think that it is foregone conclusion that Gorsuch is going to be confirmed to the Court. There are already 7 democrat senators who have indicated that they won't support a filibuster. The writing is on the wall for Schumer. I don't fully agree with Gorsuch, but honestly Trump could do a lot worse. The Democrats should take what they can get--this one simply isn't a hill worth dying on. I think it is? Not for just "a better nominee" or "vague political points", but I think the dems should set a clear achievable procedural goal that dissuades the Republican obstructionism in the future. Though I don't know enough about congressional procedures to indicate what that sort of thing should be. But even if that bar is too high like a "We will stop the filibuster in exchange for a public admission of wrong doing in blocking Obama's nominee, and a denouncement of the Biden Rule" type of deal would be well worth it. Even though such an admission isn't worth jack it would at least be usable going forward politically and/or would dissuade people (including Dems) from invoking such obstructionist behavior later on. We can't just confirm Gorsuch here and then go on like nothing happened, the playing field needs to be leveled and the obstructionist wrongs need to be righted. perhaps, but doing that from day1 won't do any good. Maybe if another seat neats to be filled you start the same but not before that imo That's make no sense? Any other nominee isn't the position that was obscenely obstructed by the Republicans. but people don't really care about that unless they're very far left or very far right. Going out of your way to deny anything that could be brought up for potentially what... 1460 days seems like something that people somewhere in the middle will start caring about. The argument wasn't about the particular seat, it was about Obama's term being "almost over" (whatever that means considering the time that was still left) and people seemed to agree with that for whatever reason. So I'll stick with that. I don't think fighting over the specific seat is something people should do but fight over any seats in that "almost over" area I'm center left, and I care about the issue a great deal. because it was a violation of constitutional norms, and an attack on the foundation of a government to function. and it matters on this particular position because it was the one where the violation occurred. other positions where no violation occurred would not have this issue, so I'd be fine with filling them normally.
your way seems rather odd and strange to me. why would we fight over other seats rather than the one where the violation occurred?
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On February 02 2017 05:08 Toadesstern wrote:Show nested quote +On February 02 2017 05:03 Logo wrote:On February 02 2017 05:02 Toadesstern wrote:On February 02 2017 04:58 Logo wrote:On February 02 2017 04:50 TheYango wrote:On February 02 2017 04:10 xDaunt wrote: EDIT: Also, I think that it is foregone conclusion that Gorsuch is going to be confirmed to the Court. There are already 7 democrat senators who have indicated that they won't support a filibuster. The writing is on the wall for Schumer. I don't fully agree with Gorsuch, but honestly Trump could do a lot worse. The Democrats should take what they can get--this one simply isn't a hill worth dying on. I think it is? Not for just "a better nominee" or "vague political points", but I think the dems should set a clear achievable procedural goal that dissuades the Republican obstructionism in the future. Though I don't know enough about congressional procedures to indicate what that sort of thing should be. But even if that bar is too high like a "We will stop the filibuster in exchange for a public admission of wrong doing in blocking Obama's nominee, and a denouncement of the Biden Rule" type of deal would be well worth it. Even though such an admission isn't worth jack it would at least be usable going forward politically and/or would dissuade people (including Dems) from invoking such obstructionist behavior later on. We can't just confirm Gorsuch here and then go on like nothing happened, the playing field needs to be leveled and the obstructionist wrongs need to be righted. perhaps, but doing that from day1 won't do any good. Maybe if another seat neats to be filled you start the same but not before that imo That's make no sense? Any other nominee isn't the position that was obscenely obstructed by the Republicans. but people don't really care about that unless they're very far left or very far right. Going out of your way to deny anything that could be brought up for potentially what... 1460 days seems like something that people somewhere in the middle will start caring about. The argument wasn't about the particular seat, it was about Obama's term being "almost over" (whatever that means considering the time that was still left) and people seemed to agree with that for whatever reason. So I'll stick with that. I don't think fighting over the specific seat is something people should do but fight over any seats in that "almost over" area
I don't follow at all, I'm proposing that I'd like to see Democrats use a filibuster not to stop the actual nomination indefinitely, but to make a symbolic stand for reasonable congressional proceedings and rules so the potential filling of that seat is irrelevant, but the fact that the seat is the same one that was blocked by Republicans is relevant.
I also don't know what "people seemed to agree with that..." is supposed to mean. See: http://www.people-press.org/question-search/?qid=1874411&pid=51&ccid=51#top The majority of people wanted a confirmation hearing to take place and that's WITH the question being loaded to divide on party lines (by referring to this particular vacancy rather than all vacancies).
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On February 02 2017 05:02 Antyee wrote:Show nested quote +On February 02 2017 04:20 Danglars wrote:On February 02 2017 03:59 Buckyman wrote:On February 01 2017 10:43 Liquid`Jinro wrote: So this Neil Gorsuch fellow doesn't sound that bad. ... is that why nobody is discussing him?
Just some cursory reading but he sounds reasonable? The main controversy I see about him is his concurrence with this statement in Hobby Lobby v Sebelius the government has given us no persuasive reason to think that Congress meant “person” in RFRA to mean anything other than its default meaning in the Dictionary Act ( source) (RFRA = Religious Freedom Restoration Act) Meaning that corporations that can demonstrate a religious objection to a government mandate are generally exempt from that mandate. Those criticisms tend to overlook his concurring opinion, in which he explains why the corporation's owners can also sue in their own capacities to block enforcement of the same rule, finessing the controversial portion of the decision. Hell, just read a few pages of his concurring opinion to see his understanding of religion and laws meant to protect freedom of conscience (imo, much neglected in modern debate) + Show Spoiler +All of us face the problem of complicity. All of us must answer for ourselves whether and to what degree we are willing to be involved in the wrongdoing of others. For some, religion provides an essential source of guidance both about what constitutes wrongful conduct and the degree to which those who assist others in committing wrongful conduct themselves bear moral culpability. The Green family members are among those who seek guidance from their faith on these questions. Understanding that is the key to understanding this case. As the Greens explain their complaint, the ACA’s mandate requires them to violate their religious faith by forcing them to lend an impermissible degree of assistance to conduct their religion teaches to be gravely wrong. No one before us disputes that the mandate compels Hobby Lobby and Mardel to underwrite payments for drugs or devices that can have the effect of destroying a fertilized human egg. No one disputes that the Greens’ religion teaches them that the use of such drugs or devices is gravely wrong.1 It is no less clear from the Greens’ uncontested allegations that Hobby Lobby and Mardel cannot comply with the mandate unless and until the Greens direct them to do so — that they are the human actors who must compel the corporations to comply with the mandate. And it is this fact, the Greens contend, that poses their problem. As they understand it, ordering their companies to provide insurance coverage for drugs or devices whose use is inconsistent with their faith itself violates their faith, representing a degree of complicity their religion disallows. In light of the crippling penalties the mandate imposes for failing to comply with its dictates — running as high as $475 million per year — the Greens contend they confront no less than a choice between exercising their faith or saving their business.
I wanted to find a collection of funny opinions over the years from Gorsuch I saw on twitter because they reminded me of Frisbee & flatulence Scalia humor, but I can't find anymore. I read up on the Supreme Court, because I didn't know much if anything about it. I have to say, Scalia's dissent on PGA Tour v. Martin is one of the most amusing things ever. Show nested quote + If one assumes, however, that the PGA TOUR has some legal obligation to play classic, Platonic golf–and if one assumes the correctness of all the other wrong turns the Court has made to get to this point–then we Justices must confront what is indeed an awesome responsibility. It has been rendered the solemn duty of the Supreme Court of the United States, laid upon it by Congress in pursuance of the Federal Government’s power “[t]o regulate Commerce with foreign Nations, and among the several States,” U.S. Const., Art. I, §8, cl. 3, to decide What Is Golf. I find it a little offensive that people are calling Gorsuch "Scalia 2.0" because there is almost no chance that we ever again will see someone write with something approaching Scalia's sharp wit.
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I guess the question is whether you think Republicans will play ball if you decide not to tat for their titles. Or whether they'll just tit again the next chance they get.
Or in other words, there's no point in extending an olive branch if you're only going to get beaten over the head with it.
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On February 02 2017 05:13 Logo wrote:Show nested quote +On February 02 2017 05:08 Toadesstern wrote:On February 02 2017 05:03 Logo wrote:On February 02 2017 05:02 Toadesstern wrote:On February 02 2017 04:58 Logo wrote:On February 02 2017 04:50 TheYango wrote:On February 02 2017 04:10 xDaunt wrote: EDIT: Also, I think that it is foregone conclusion that Gorsuch is going to be confirmed to the Court. There are already 7 democrat senators who have indicated that they won't support a filibuster. The writing is on the wall for Schumer. I don't fully agree with Gorsuch, but honestly Trump could do a lot worse. The Democrats should take what they can get--this one simply isn't a hill worth dying on. I think it is? Not for just "a better nominee" or "vague political points", but I think the dems should set a clear achievable procedural goal that dissuades the Republican obstructionism in the future. Though I don't know enough about congressional procedures to indicate what that sort of thing should be. But even if that bar is too high like a "We will stop the filibuster in exchange for a public admission of wrong doing in blocking Obama's nominee, and a denouncement of the Biden Rule" type of deal would be well worth it. Even though such an admission isn't worth jack it would at least be usable going forward politically and/or would dissuade people (including Dems) from invoking such obstructionist behavior later on. We can't just confirm Gorsuch here and then go on like nothing happened, the playing field needs to be leveled and the obstructionist wrongs need to be righted. perhaps, but doing that from day1 won't do any good. Maybe if another seat neats to be filled you start the same but not before that imo That's make no sense? Any other nominee isn't the position that was obscenely obstructed by the Republicans. but people don't really care about that unless they're very far left or very far right. Going out of your way to deny anything that could be brought up for potentially what... 1460 days seems like something that people somewhere in the middle will start caring about. The argument wasn't about the particular seat, it was about Obama's term being "almost over" (whatever that means considering the time that was still left) and people seemed to agree with that for whatever reason. So I'll stick with that. I don't think fighting over the specific seat is something people should do but fight over any seats in that "almost over" area I don't follow at all, I'm proposing that I'd like to see Democrats use a filibuster not to stop the actual nomination indefinitely, but to make a symbolic stand for reasonable congressional proceedings and rules so the potential filling of that seat is irrelevant, but the fact that the seat is the same one that was blocked by Republicans is relevant. I also don't know what "people seemed to agree with that..." is supposed to mean. See: http://www.people-press.org/question-search/?qid=1874411&pid=51&ccid=51#top The majority of people wanted a confirmation hearing to take place and that's WITH the question being loaded to divide on party lines (by referring to this particular vacancy rather than all vacancies). and do you think Trump is the kind of man who would reconsider after getting such a message? Hell no, the man would make a mental kill-list for everyone involved and be the most spiteful person on the globe pushing things further than he would have otherwise (imo). The way I understood it Gorsuch isn't anything the Democrats want but it could be getting plenty worse and if you want to have that fight having it in the first weeks and thus having the results for the rest of Trumps term doesn't seem like something worth it to me.
So instead make the fight later in his term if it comes to it, argue "oh they did the same" and don't get as much chaos I guess?
But keep in mind I'm just a random onlooker from Germany, so don't take my opinion on it too serious. Chances are you guys know more about it than I do. Just wanted to share my naive thoughts.
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United Kingdom13775 Posts
On February 02 2017 05:18 Acrofales wrote: I guess the question is whether you think Republicans will play ball if you decide not to tat for their titles. Or whether they'll just tit again the next chance they get.
Or in other words, there's no point in extending an olive branch if you're only going to get beaten over the head with it. If Democrats decide to be hardasses on this, all they will get is a swift smackdown because they have basically zero leverage here. They will obstruct and then also lose.
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On February 02 2017 05:22 Toadesstern wrote:Show nested quote +On February 02 2017 05:13 Logo wrote:On February 02 2017 05:08 Toadesstern wrote:On February 02 2017 05:03 Logo wrote:On February 02 2017 05:02 Toadesstern wrote:On February 02 2017 04:58 Logo wrote:On February 02 2017 04:50 TheYango wrote:On February 02 2017 04:10 xDaunt wrote: EDIT: Also, I think that it is foregone conclusion that Gorsuch is going to be confirmed to the Court. There are already 7 democrat senators who have indicated that they won't support a filibuster. The writing is on the wall for Schumer. I don't fully agree with Gorsuch, but honestly Trump could do a lot worse. The Democrats should take what they can get--this one simply isn't a hill worth dying on. I think it is? Not for just "a better nominee" or "vague political points", but I think the dems should set a clear achievable procedural goal that dissuades the Republican obstructionism in the future. Though I don't know enough about congressional procedures to indicate what that sort of thing should be. But even if that bar is too high like a "We will stop the filibuster in exchange for a public admission of wrong doing in blocking Obama's nominee, and a denouncement of the Biden Rule" type of deal would be well worth it. Even though such an admission isn't worth jack it would at least be usable going forward politically and/or would dissuade people (including Dems) from invoking such obstructionist behavior later on. We can't just confirm Gorsuch here and then go on like nothing happened, the playing field needs to be leveled and the obstructionist wrongs need to be righted. perhaps, but doing that from day1 won't do any good. Maybe if another seat neats to be filled you start the same but not before that imo That's make no sense? Any other nominee isn't the position that was obscenely obstructed by the Republicans. but people don't really care about that unless they're very far left or very far right. Going out of your way to deny anything that could be brought up for potentially what... 1460 days seems like something that people somewhere in the middle will start caring about. The argument wasn't about the particular seat, it was about Obama's term being "almost over" (whatever that means considering the time that was still left) and people seemed to agree with that for whatever reason. So I'll stick with that. I don't think fighting over the specific seat is something people should do but fight over any seats in that "almost over" area I don't follow at all, I'm proposing that I'd like to see Democrats use a filibuster not to stop the actual nomination indefinitely, but to make a symbolic stand for reasonable congressional proceedings and rules so the potential filling of that seat is irrelevant, but the fact that the seat is the same one that was blocked by Republicans is relevant. I also don't know what "people seemed to agree with that..." is supposed to mean. See: http://www.people-press.org/question-search/?qid=1874411&pid=51&ccid=51#top The majority of people wanted a confirmation hearing to take place and that's WITH the question being loaded to divide on party lines (by referring to this particular vacancy rather than all vacancies). and do you think Trump is the kind of man who would reconsider after getting such a message? Hell no, the man would make a mental kill-list for everyone involved and be the most spiteful person on the globe pushing things further than he would have otherwise (imo). The way I understood it Gorsuch isn't anything the Democrats want but it could be getting plenty worse and if you want to have that fight having it in the first weeks and thus having the results for the rest of Trumps term doesn't seem like something worth it to me. So instead make the fight later in his term if it comes to it, argue "oh they did the same" and don't get as much chaos I guess?
What does Trump have to do with it, this is a congressional matter? He's going to be spiteful not matter what, he already hates all the Dems and probably even most of the Republicans. You're talking about a man who couldn't get through a Black History Month speech without lashing out at CNN; his wrath is meaningless because you're going to get hit by it either way.
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United Kingdom13775 Posts
On February 02 2017 05:09 mahrgell wrote: Tillerson is now confirmed by the Senate. Have fun with that job. I look forward to seeing how he will pay his dues back to Exxon now.
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Cayman Islands24199 Posts
this nomination is one of the few positions where congressional republicans and trump align most strongly. it's trump's face at stake and congressional republican's agenda.
fighting this one to the ends of the earth would give them an issue around which to unite. it's mainly foreign policy stuff that's at stake though, so not sure how much that would be worth compared to the benefits of fighting this one.
i'm obviously not a fan though because originalism/textualism is, in the best version, not originalism and in most versions incomplete
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On February 02 2017 05:26 LegalLord wrote:Show nested quote +On February 02 2017 05:09 mahrgell wrote: Tillerson is now confirmed by the Senate. Have fun with that job. I look forward to seeing how he will pay his dues back to Exxon now. Russian northpole oil deal with Exxon after lifting sanctions in 3 2 1
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"the politicization of the judiciary undermines the only real asset it has — its independence" - Neil Gorsuch
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Just shows how pitifully emotional these congressmen/women are over past grievances. If a republican wins the white house, do the dems expect anything other than a conservative justice? They should give this guy a fair hearing and pass him because he is clearly qualified and knows how to be a judge. If HRC won, and dems had control over senate and house, then the republicans in that scenario should also just accept a liberal justice and give a fair hearing and pass him/her through. I have no faith in these politicians to execute anything outside of their already existing partyline thinking. Do the dems really think that if there was a vacancy in Trumps 7th year as a president that they would accept his nomination??No one cares about holding a pseudofake hearing if the end result is going to be the same, and the upcoming election is a referendum on which justice is to be placed into the court.
well spoken hypocrites and children are predominant in capitol hill, and interestingly we have a president who speaks at about 3rd grade level english to lead them.
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On February 02 2017 06:27 biology]major wrote: Just shows how pitifully emotional these congressmen/women are over past grievances. If a republican wins the white house, do the dems expect anything other than a conservative justice? They should give this guy a fair hearing and pass him because he is clearly qualified and knows how to be a judge. If HRC won, and dems had control over senate and house, then the republicans in that scenario should also just accept a liberal justice and give a fair hearing and pass him/her through. I have no faith in these politicians to execute anything outside of their already existing partyline thinking. Do the dems really think that if there was a vacancy in Trumps 7th year as a president that they would accept his nomination??No one cares about holding a pseudofake hearing if the end result is going to be the same, and the upcoming election is a referendum on which justice is to be placed into the court.
well spoken hypocrites and children are predominant in capitol hill, and interestingly we have a president who speaks at about 3rd grade level english to lead them. The republicans should have given Garland a fair hearing and passed him because he is clearly qualified. they did not. if there was a vacancy in trumps 7th year they would've accepted his nomination, becaues that's what has been done consistetnyl throughout the ENTIRE history of the nation, and that's what both parties had done in the past. It was only republicans who did this thing now for the first time in blocking garland.
so your anger at the dems is misplaced and unjustified. why woudl you be angry at the dems so much when ti's the republicans who committed the violation? when it is they who started the problem and tore down our institutions? I can understand disliking the dems doing as they are now if you have even greater vitriol for the violations of the republicans, but you are not expressing so.
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On February 02 2017 06:27 biology]major wrote: Just shows how pitifully emotional these congressmen/women are over past grievances. If a republican wins the white house, do the dems expect anything other than a conservative justice? They should give this guy a fair hearing and pass him because he is clearly qualified and knows how to be a judge. If HRC won, and dems had control over senate and house, then the republicans in that scenario should also just accept a liberal justice and give a fair hearing and pass him/her through. I have no faith in these politicians to execute anything outside of their already existing partyline thinking. Do the dems really think that if there was a vacancy in Trumps 7th year as a president that they would accept his nomination??No one cares about holding a pseudofake hearing if the end result is going to be the same, and the upcoming election is a referendum on which justice is to be placed into the court.
well spoken hypocrites and children are predominant in capitol hill, and interestingly we have a president who speaks at about 3rd grade level english to lead them. Let me replace everything you wrote with democrat and liberal, and the same applied to Merrick Garland. Why should Democrats cooperate? They can't actually do anything about it, that's fine. But why do you think they should roll over?
For the record: I mentioned some reasons, in particular, to keep the country governable. But seeing as how DC has turned into a place where it is more important to stick it to the other party than do what's good for the country, that doesn't seem to be a concern right now.
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If nothing else, you're getting to see how much of your government system only functions because people historically wanted it to function.
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On February 02 2017 06:27 biology]major wrote: Just shows how pitifully emotional these congressmen/women are over past grievances. If a republican wins the white house, do the dems expect anything other than a conservative justice? They should give this guy a fair hearing and pass him because he is clearly qualified and knows how to be a judge. If HRC won, and dems had control over senate and house, then the republicans in that scenario should also just accept a liberal justice and give a fair hearing and pass him/her through. I have no faith in these politicians to execute anything outside of their already existing partyline thinking. Do the dems really think that if there was a vacancy in Trumps 7th year as a president that they would accept his nomination??No one cares about holding a pseudofake hearing if the end result is going to be the same, and the upcoming election is a referendum on which justice is to be placed into the court.
well spoken hypocrites and children are predominant in capitol hill, and interestingly we have a president who speaks at about 3rd grade level english to lead them.
Why do I find it hard to believe you were voicing this same view when Obama's nominee was being blocked?
Historically Dems/Republicans have accepted nominations even late into a president's term so you'd need evidence that they *would* do it rather than evidence they wouldn't.
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On February 02 2017 06:31 zlefin wrote:Show nested quote +On February 02 2017 06:27 biology]major wrote: Just shows how pitifully emotional these congressmen/women are over past grievances. If a republican wins the white house, do the dems expect anything other than a conservative justice? They should give this guy a fair hearing and pass him because he is clearly qualified and knows how to be a judge. If HRC won, and dems had control over senate and house, then the republicans in that scenario should also just accept a liberal justice and give a fair hearing and pass him/her through. I have no faith in these politicians to execute anything outside of their already existing partyline thinking. Do the dems really think that if there was a vacancy in Trumps 7th year as a president that they would accept his nomination??No one cares about holding a pseudofake hearing if the end result is going to be the same, and the upcoming election is a referendum on which justice is to be placed into the court.
well spoken hypocrites and children are predominant in capitol hill, and interestingly we have a president who speaks at about 3rd grade level english to lead them. The republicans should have given Garland a fair hearing and passed him because he is clearly qualified. they did not. if there was a vacancy in trumps 7th year they would've accepted his nomination, becaues that's what has been done consistetnyl throughout the ENTIRE history of the nation, and that's what both parties had done in the past. It was only republicans who did this thing now for the first time in blocking garland. so your anger at the dems is misplaced and unjustified. why woudl you be angry at the dems so much when ti's the republicans who committed the violation?
my anger is at both the dems and the republicans. I have little faith that if HRC won with a senate and house majority, that the republicans would have stopped being obstructionists. They were the inventors of obstructionism with Obama. You really think the dems would have allowed Trump to nominate a justice in his final year if an opening appeared? That is delusional. Which other justice was appointed in the final year? I honestly don't know, it seems wrong just intuitively. The people should have a voice in those kinds of HUGE 30 - 40 year lasting decisions.
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Isn't suggesting that the people don't have a voice in this decision despite everyone involved being elected officials just throwing the whole point of a republic out the window?
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