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Old 07-11-2018, 04:19 PM   #46
JoeRedskin
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Join Date: Mar 2004
Location: Second Star On The Right
Age: 61
Posts: 10,401
Re: Supreme Court vacancy

Quote:
Originally Posted by CRedskinsRule View Post
Ok. But as I understand it you kinda practice law or something.

So, if a lawyer in a department is leaving, and the boss wants that lawyer's opinion on who might be a good replacement, is that ethically wrong to ask? Would you assume sinister intent if you were asked?
No, it is not ethically wrong for an employer to ask an employee to recommend a replacement.

However, a Supreme Court justice is not an employee of the President but rather a member of a separate and equal branch of the government. Does that make it inherently ethically wrong? No. Do I think its good practice? No.

Does it have the potential to create unnecessary entanglements of justices in the political process? Yes. Think about it ... do we want justices lobbying presidents cutting side deals during elections or with sitting Presidents? "You know ... if I retire, you could appoint my successor. Oh by the way, I hear there is a nice little ambassadorship opening up in the Caribbean. If I can't get that, I might as well stay on the bench."

I realize that's pretty cynical and hyperbole but it's not a path we want to start down.
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