Sunday, February 14, 2016

Why the vacancy left by Justice Scalia is so important

                                                         Courtesy of wikipedia.com


The news yesterday of the death of Justice Scalia created noticeable shock waves through the political landscape, as conservatives and liberals were sent into a frenzy over who will fill the vacant seat.   Regardless of your political beliefs, you have to admire someone who was a member of the highest court in the land for nearly 30 years, and was unwavering in his beliefs.   I personally didn't spend my nights in law school reading over Scalia dissents, due largely to the fact that they were dissents, and while filled with interesting rhetoric and a unique legal philosophical viewpoint, they weren't binding authority or part of the holding.  That having been said, you can still have an admiration for someone's ideological doctrine and the implementation of that doctrine, while disagreeing with tenets of it. 

                                                               Courtesy of cnn.com

The make up of the court is about as politically split as it can be with 5 justices (including the late Justice Scalia) being appointed by Republicans: Scalia, Kennedy, Thomas, Roberts, and Alito, and 4 justices being appointed by Democrats: Ginsburg, Breyer, Sotomayor, and Kagan.  While most would see this as a conservative court based on the appointments, Justice Kennedy has wielded immense power as he often casts the deciding vote in many 5-4 decisions, that are usually divided along party lines.  This new appointment essentially shifts the power to the liberals, with 5 justices now being appointed by a Democratic president, with 3 true conservatives and 1 moderate being appointed by Republicans.  

                                                                    Courtesy of whitehouse.gov

So naturally, with a Democratic President having almost a year left on his term in which to nominate a replacement, both liberals and conservatives are highly aware of what this appointment could mean for future court rulings.  President Obama offered his condolences to the Scalia family and highlighted his accomplishments in a brief speech honoring the late justice, but during that speech he also noted his duties and responsibilities to nominate a successor in a timely manner. Additionally, he purposefully noted that his nomination would come quickly enough to give the Senate an opportunity to approve or deny his appointment after a fair hearing.

                                                            Courtesy of reuters.com

Senate Majority Leader Mitch McConnell (R-KY) offered his thoughts, stating yesterday, "The American people should have a voice in the selection of their next Supreme Court Justice.  Therefore, this vacancy should not be filled until we have a new president."  Good luck with that.  To be fair, it's clearly political rhetoric, and if the facts was reversed, you can bet the Democratic leadership would offer a similar statement, but what McConnell's words do make clear is that this is not going to be a smooth appointment based on the timing of the nominee.   However, I think it's very evident that President Obama will have a nominee selected and sent to the Senate Judiciary Committee before April.  

                                                        Courtesy of judiciary.senate.gov

So, why do Senator McConnell's words appointment carry any weight?  The Senate Majority Leader develops the legislative calendar for the upcoming sessions, so he does have some influence on the process of confirmation, as the nominee's name would have to go to the Senate Judiciary Committee for a formal hearing followed by a vote by all members of the Senate.   That committee is currently headed by Chuck Grassley (R-Iowa) with the Ranking Democratic Member being Patrick Leah (D-VT), but the bigger story is a junior member on the committee.  

                                                              Courtesy of nationallawjournal.com

Republican Presidential hopeful and freshmen Senator Ted Cruz (R-TX) sits on this committee and depending how the primary process goes, you can be sure that his questioning of the nominee is going to be must see television.  While, he'll likely still be campaigning at that point the free press he'll receive during the confirmation hearing is going to be far better than any campaign commercial.   

                                                         Courtesy of pbs.org

I don't believe President Obama is brazen or foolish enough to nominate a justice that is so liberal that their nomination gets delayed long enough for the newly elected president to have a say on the nominee.  He's bold, but he's also politically savvy enough to realize he has an opportunity to vastly change the ideological makeup of the Court, and he's not going to waste that opportunity.   

He's also not going to nominate someone who's conservative, for obvious reasons, so that leaves his appointment as being either a moderate or a middle of the road liberal with a resume that's so impressive it'll be difficult to justify the blocking of the appointment, similar to the appointment of Chief Justice Roberts in 2005.   So, let's take a look at some of the likely candidates the President could nominate for a confirmation to the U.S. Supreme Court.  



Sri Srinviasan - Srinviasan, 48, is largely viewed as a moderate, and currently sits on the D.C. Circuit Court of Appeals, being appointed in 2013 by President Obama.  He was born in India and attended Stanford for his undergraduate degree as well as his JD/MBA.  He clerked for Justice O'Connor and was also Chief Deputy to the U.S. Solicitor General.  Srinviasan was confirmed by a vote of 97-0 in 2013, so that is going to make it extremely difficult for Republicans to block his appointment without some serious backlash.  

                                                        Courtesy of nationallawjournal.com

Merrick Garland - Garland also sits on the D.C. Circuit Court of Appeals and was appointed by President Clinton in 1997.  He has served as the Chief Judge of that court since 2013.  Garland is also viewed as a judicial moderate and was confirmed by a vote of 76-23.  He holds his undergrad and law degrees from Harvard and was an antitrust law professor at Harvard during the 1980s.  Garland also clerked for Justice Brennan and was seen as one of the top candidates to replace Justice Stevens upon his retirement, before President Obama nominated Elena Kagan.  His age may be a difficult factor for Garland to overcome, as he's currently 63, but his resume is extremely impressive.

                                                  Courtesy of law.umich.edu
  
Paul Watford - Watford, 48, currently sits on the 9th Circuit Court of Appeals.  Watford attended Cal-Berkeley for his undergraduate degree and UCLA for law school.  He clerked for Judge Alex Kozinski and Justice Ginsburg, and also worked as a U.S. District Attorney prosecuting a large number of white collar crimes.  He was confirmed to the 9th Circuit in 2012 after a nomination by President Obama, by a vote of 61-34, with nine Republicans voting in favor of his confirmation.  


                                                                  Courtesy of theusconstitution.org

Patricia Ann Millett - Millett, 52, like Srinviasan and Garland, also sits on the D.C. Circuit Court of Appeals.  She was appointed in 2013 by President Obama, and confirmed by a 56-38 vote.   The debate and vote on her nomination largely fell along party lines, and a motion to invoke cloture was made multiple times by Senator Reid to try and force a formal vote on her confirmation.  She received her undergraduate degree from Illinois and her law degree from Harvard.  Millett is considered a Supreme Court insider and impressively she's personally argued 32 cases in front of the Supreme Court.

                                                         Courtesy of legaltimes.typepad.com

Goodwin Liu - Liu, 45, currently sits as an Associate Justice on the Supreme Court for the State of California.  He received his undergraduate degree from Stanford and law degree from Yale.  He also teaches law at Cal-Berkeley.  President Obama attempted to appoint Liu to the 9th Circuit in 2010, but his nomination was blocked by a filibuster, based on Liu's controversial writings and speeches.  He has been highly critical of Justice Roberts and Alito, and after being successfully filibustered, he withdrew his name from consideration in 2011.  He's viewed as very liberal and his nomination would likely be a long and arduous one, something President Obama desperately wants to avoid.


                                                             Courtesy of legaltimes.typepad.com

Jane Kelly - Kelly, 51, currently sits on the 8th Circuit Court of Appeals.  She spent most of her career as public defender, but more importantly she previously had the backing of Republican Senator Chuck Grassley who sits as Chairman on the Senate Judiciary Committee.  Kelly was confirmed by a vote of 96-0 in 2013.  She received her undergraduate degree from Duke and her law degree from Harvard.  It would be difficult to see her nomination getting blocked.    


                                                         Courtesy of rainnews.com

With President Obama having already nominated two women, both confirmed to the U.S. Supreme Court, I'm not sure he makes it 3 in a row.  Based on their age and the current makeup of the Court, Srinviasan and Watford are probably the top 2 candidates.   The President could obviously go a different route, but nominating a moderate with a strong resume that forces the opposition to either concede defeat or go on the offensive with potentially dire consequences is the smart political move in an election year.  

Sunday, February 7, 2016

Super Bowl 50 Prediction

                                                       Courtesy of dailysnark.com

We have finally arrived at Super Bowl Sunday, with The Sheriff taking on Superman.  49 Super Bowls have been held before with some memorable outcomes; my personal favorite was the Rams - Titans Super Bowl that ended with the Titans coming up 1 yard short of greatness as time expired, but we've also had some other extremely phenomenal games, especially last year's Seahawks - Patriots game that ended on what might possibly be the dumbest play call in the history of the Super Bowl.  



                                                            Courtesy of usatoday.com

Poor Richard Sherman.  He looks like someone just told him that in November his choices for President are Cruz/Trump or Hillary/Bernie.  As for this year, the Broncos and Panthers head to Super Bowl 50 in the San Francisco Bay Area, and maybe it's just me, but I feel like for the sake of nostalgia the announcer has to start off the opening ceremony with...



                                                         Courtesy of imgur.com

OK, OK, I know technically the Super Bowl is in Santa Clara, but honestly no one outside of California knows where that is, and the glory and awe that comes with just mentioning this awesomely ridiculous 90's Nicolas Cage movie, is what the world needs to open the biggest game in the world. 


                                                   
                                                           Courtesy of catscratchreader.com

Carolina    -5.5
vs. Denver

Now, on to the game.  The Panthers come in at 5 1/2 point favorites, as they finished the regular season at 15-1 and coasted to the Super Bowl after beating up on two very good Seattle and Arizona teams.  Denver's path was a little more arduous, despite finishing at 12-4 and securing home field advantage.  All season they relied heavily on their defense to help them win games.  In the Playoffs, they struggled against an injury depleted Pittsburgh team, but managed a 4th quarter comeback to head to the AFC Championship game, where they faced the Patriots.  In that game they blitzed early and often against Tom Brady and due to an early missed extra point by the Patriots, the Broncos were able to advance to the Super Bowl on a failed 2 point conversion attempt by New England.


                                                               Courtesy of covers.com

So, that brings up the question, do you go with a team that has dominated their opponents all year, or the gritty veteran team that knows how to win close games?  There are competing arguments for both, and I've heard a lot of analysts compare this game to former Super Bowls, but the fact is this Super Bowl is extremely unique and here's why. 



                                                            Courtesy of foxsports.com

Let's go ahead and get the obvious one out of the way.  This is New School vs. Old School in terms of QBs.  Cam Newton is indubitably the NFL's MVP.  He's the most electric player in sports right now, and the NFL couldn't be happier.  Peyton Manning is a legend.  He's a first ballot Hall of Famer and one of the best QB's to ever throw a pass in The League. 


                                                              Courtesy of usatoday.com

That having been said, they have two extremely different styles.  Manning is a businesslike cerebral tactician, who has had to rely more on his mental preparation, as his athletic skills have clearly diminished.  He doesn't have the arm strength he used to, but with his defense he doesn't have to throw for 300 yards to win games.  He just has to make timely throws and not turn the ball over.



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Newton is a physical anomaly.  He's 6'5 250lbs with a rocket arm, and runs like a deer in the open field, and an Abrams tank in short yardage situations.  However, the biggest thing the media has been talking about this week though is his personality, and how he celebrates after first downs, touchdowns, and on the sidelines, and that's not what we're used to seeing from QBs.


                                                         Courtesy of SBNation.com


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Football is a game, and games are supposed to be fun, and if you make a big play, whether you're a QB, WR, Defensive Tackle, or Punter you should be able to celebrate however you wish as long as it's not taunting your opponent.  


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As far as what I think will happen tonight between Newton and Manning, I think you'll see what we've seen all year from both of these QBs.  Newton will make some flashy plays and throw the ball down the field and create some excitement with misdirection and designed QBs runs.   Manning will manage the game the same way he did against the Steelers and Patriots.  The Broncos will run the ball early and see if they can get some mismatches against the Panthers secondary between the numbers.  


                                                          Courtesy of predominantlyorange.com


Now, for the defense.  Denver's got the best the defense in the NFL.  They're extremely talented and disciplined, and they're going to pose a big challenge for Newton and the Panthers.  Wade Phillips just won Assistant Coach of the Year, and he deserved it.  He's done a great job at drawing up schemes and blitzes to terrorize opposing QBs.  Tom Brady was hit more times in the AFC Championship game than he has been all season, and the Broncos defense is the No. 1 reason why they're in the Super Bowl.  Von Miller was well worth the No. 2 overall pick in the draft in 2011, and he clearly showed that against New England, and Talib and Harris have made been a very effective tandem in the secondary.  


                                                              Courtesy of bleachereport.com

The Panther defense finished 6th in the league, with elite players at all 3 levels.  They have arguably one of the best defensive tackles in football right now in Kawann Short, two pro bowl linebackers in Kuechly and Thomas Davis, and a pro bowl cornerback in Josh Norman, who is expected to be franchised at the end of the season.  The play a lot of zone coverage and rely on the speed of their linebackers and pressure from the front 4 to get after the QB, and it's been a good strategy all year.  


                                                                 Courtesy of denverpost.com

Ultimately you have to give the edge to the Denver, based on the numbers; that defense is the reason they're in the Super Bowl and it's kept them in games all year.  The Panthers still have a top tier defense and a lot of the points and yards they gave up in games were in the 2nd half when they had huge leads, but they've also been hurt badly by injuries, especially in the secondary.  


                                                                Courtesy of thebiglead.com

A huge X factor in this game could be the running backs.  Jonathan Stewart has been steady and reliable for most of the year.  Stewart was 7th in the league in rushing, and that was having missed 2 games due to injury.  He rushed for 989 yards on 242 carries, a 4 yard average and 76 yards per game.  Those numbers don't jump off the page, but it's steady production.  In the playoffs, Stewart's been even better running for 189 yards on 38 carries, a 5 yard per carry average with 95 yards per game.


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For Denver, C.J. Anderson finished 29th in the NFL in rushing with 720 yards on 152 carries, a 4.7 yard average, with 48 yards per game.   The key to that number is his yards per carry.  Despite his reduced overall carries, he's making the most out of the ones he does get.  In the playoffs he's also increased his production, he's been 2nd in the league to only Stewart, as he's rushed for 144 yards on 31 carries, a 4.6 yard average with 72 yards per game.  


                                                            Courtesy of flipboard.com

The real difference between the running game of the Panthers and the Broncos is that Carolina has the additional threats of Cam Newton, Mike Tolbert, and Ted Ginn, Jr./Philly Brown on reverse sweeps.  Denver is largely one dimensional with Anderson.  The ability for Carolina to use multiple sets to move the ball on the ground, gives them the superior edge against Denver in the running game.


                                                                      Courtesy of thecomeback.com

I've listened to a lot of analysts all weak try and break down this game, and I agree with the general consensus.  If Denver can keep the game close late into the 2nd half they have a really good chance, based on momentum to come out with a victory.  However, if the Panthers get up early by more than one touchdown, it's over.  Carolina has a better running game, a more explosive passing attack, a better offensive line, a good defense of their own, and clearly the better QB.   Manning isn't going to be able to put this team on his back and win games the way he used to.  He's going to need to play conservative football and hope Carolina makes multiple mistakes.  He's had a phenomenal career, and this is his last game regardless of the outcome, so it's great to see him be able to end his career on the world's biggest stage. 


                                                               Courtesy of sportsonearth.com

Denver's defense is the best in the league, but they've struggled in the playoffs against a Pittsburgh team, missing 2 of its best players, and New England with a bad offensive line.  The Panthers will throw everything they have at Denver, and I expect Newton to shine tonight.  Mike Shula hasn't been given enough credit because of Newton's talents, but his play calling has been nothing short of brilliant this year.  Denver will do their best to take away Greg Olsen and make Newton beat them with throws to Cotchery, Ginn, Brown, and Funchess, but the Panthers have adapted to that strategy all year.  When Kelvin Benjamin went down with injury many, including myself, thought 8 wins was the ceiling for this team, but the production by committee approach has flourished in Charlotte, and it continues again tonight.   I think it's close for most of the first half, but Carolina pulls away and wins this one 27-17.  


                                                                Courtesy of nfl.com

Cheers to a great NFL Season and enjoy the Super Bowl!  September can't get here fast enough.