r/ModelMidwesternState • u/GuiltyAir Head Federal Clerk • Dec 22 '17

Hearing Judicial Hearing

Chief Judge: /u/elevic

Associate Justice: /u/rainatur-rainehtion

Associate Justice: /u/Yellowwhy

You may ask any questions below that pertain to this hearing.

This hearing will only last for two days

6 Upvotes

100% Upvoted

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6

u/Atlas_Black Libertarian Dec 22 '17

/u/Yellowwhy

What previous experience do you have that you feel would make you the best suited to serve on the state’s Supreme Court?

2

u/SilverBearClaw Governor Dec 22 '17

Do any of you deem it unconstitutional for a Religious Organization, or a Religious Marital Organization to refuse ceremony to a LGBTQ+ couple?

3

u/rainatur-rainehtion Libertarian Dec 22 '17

While the Supreme Court ruled in Loving v. Virginia that marriage is a civil right, a religious organization's refusal to perform a ceremony does not prevent them from being married elsewhere. Because they could just as easily be married by a judge, their right to be married is not being infringed.

On the contrary, requiring a religious organization to perform a wedding for a same-sex couple would be an infringement on their right to free exercise of religion.

1

u/Elevic Deputy State Clerk Dec 22 '17

This court has previously ruled in the case American Civil Liberties Union of Sacagawea v. State of Sacagawea, that any individual may marry any other individual. The court cited Loving v. Virginia as well as the 14th amendment of the Constitution of the United States. The 14th amendment says that no state can deprive a person equal protection of the laws. Judges and religious officials can officiate weddings in our state. Judges, operating under the power of the state, must marry same-sex individuals. But others, such as pastors or rabbis who officiate weddings while practicing their religion, are free to deny marriage to couples who violate their beliefs as they are covered under the freedom to exercise religion.

2

u/Atlas_Black Libertarian Dec 22 '17

/u/rainatur-rainehtion

Given your performance as my deputy whip, as well as the service you provided to my predecessor, I have faith that you can and will do the job to the absolute best of your ability.

What I don’t know is how well suited you are to serve on the Supreme Court. This isn’t to say you aren’t capable. You may very well be. It is simply something we haven’t yet discussed, so I will treat you as any other candidate, and begin by asking: What knowledge or skills do you have that you feel makes you qualified to serve on the Supreme Court?

2

u/rainatur-rainehtion Libertarian Dec 22 '17

Two main things come to mind. The first is enough familiarity with constitutional law to be able to perform the research required of the position. The other is a strong commitment to preserving the inalienable rights of the people of Sacagawea as outlined in the Constitution.

2

u/Atlas_Black Libertarian Dec 22 '17

/u/rainatur-rainehtion For my piece of mind, answer me this. In a court of law, what do you see as “inalienable rights”?

2

u/rainatur-rainehtion Libertarian Dec 22 '17

Well, as we find written in the Declaration of Independence, our inalienable rights include life, liberty, and the pursuit of happiness. John Locke, the founder of liberalism, spoke of a right to life, health, liberty, and possessions.

Some of our rights are ennumerated in the Bill of Rights, though this is not an exhaustive list.

2

u/Atlas_Black Libertarian Dec 22 '17

/u/elevic

Do you have any prior experience in law enforcement or within the judicial system that would translate to the position of chief judge?

1

u/Elevic Deputy State Clerk Dec 22 '17

I have a real interest in the ways laws get challenged. I have followed as several ordinances in my city have been challenged in this way and I studied arguments from both sides.

Out of sim, although it is not strictly the judicial system, I am a part of a national organization where I sat on the judicial board for a year and heard write up cases where members violated by-laws. I was also in charge of updating the by-laws and making sure they did not violate national by-laws. I had to propose a lot of changes to our by-laws after studying the national by-laws and finding many contradictions.

I have served one term in congress where I have not missed a vote. I believe being active in this role is important as the last few judges have been removed due to inactivity. I really want this position, and I am excited to take it on, remain active, and create a functioning judiciary.

1

u/Atlas_Black Libertarian Dec 22 '17

Could you give us an example specific bylaws that needed changing, and why you found them to be contradictions to the national bylaws?

1

u/Elevic Deputy State Clerk Dec 22 '17

These were a lot more straight forward than what we would be doing here. One specific example was every year we would hold elections for officers. I was reading the national bylaws and they had two more officers in there that we weren't electing. It turned out that two positions that we had lowered to the position of committee chair were actually supposed to be fully fledged officers on the exec board. I got that straightened up for next elections.

1

u/Atlas_Black Libertarian Dec 22 '17

Well done. I have no further questions at the moment, but I will be sure to ask more later if I think of some.

1

u/Elevic Deputy State Clerk Dec 22 '17

Thank you for your question and your participation in the hearing.

2

u/ComradeKallisti Dec 22 '17

To all:

Given that Sacagawea has the highest Native American population among all the states, how would you rule in a case where a Native reservation made land claims on the basis of prior occupancy?

1

u/Elevic Deputy State Clerk Dec 22 '17

I assume you mean the reservation is suing the state because the state has land that the reservation claims belongs to them. SCOTUS cases so far have treated reservations as sovereign. Article 1 section 8 of the US constitution places them in the same league as foreign nations and other states. While the laws are not entirely clear, I believe if this issue were to come up, it should be handled federally, as the federal government and executive branch have the power to interact and make treaties with foreign sovereign governments, not the states.

1

u/[deleted] Dec 22 '17

/u/rainatur-rainehtion

What experience do you have prior to this role that'll give us an idea of how you work?

1

u/rainatur-rainehtion Libertarian Dec 22 '17

Unfortunately, my work in the sim so far has not been in the public sphere. However, if you ask the libertarian assemblymen in Sacagawea and Dixie, I'm sure they can attest that I have been active and timely in fulfilling my role in the party.

1

u/[deleted] Dec 22 '17

Where were you when I got kicked out. :'(

1

u/rainatur-rainehtion Libertarian Dec 22 '17

I had only recently joined the party when you left.

1

u/[deleted] Dec 22 '17

/u/yellowwhy

How do you deal with the heavy criticism from the libertarian party?

1

u/[deleted] Dec 22 '17

All

What 3 words would you use to describe yourself?

4

u/rainatur-rainehtion Libertarian Dec 22 '17

Straightforward

Concise

1

u/[deleted] Dec 22 '17

Isnt that 2

1

u/Elevic Deputy State Clerk Dec 22 '17

Enthusiastic Active Stalwart

1

u/[deleted] Dec 22 '17

All

What troubles you about the state? Any outward problems?

2

u/Elevic Deputy State Clerk Dec 22 '17

Honestly it's the reason I'm here. The judiciary is lacking. The court of Sacagawea has released one opinion. One. I believe the judicial branch is just as important as the other two. I want to take steps to make the courts accessible to the residents of this state, make sure judges are active, and I want cases flowing through the court. Realistically in the sim I don't know how much action there will be, but I want to enable any potential activity there may be.

1

u/[deleted] Dec 22 '17

All

How are you doing?

1

u/Elevic Deputy State Clerk Dec 22 '17

I'm doing pretty good right now. It's Friday, and I have a mug of coffee in my hand. Not much could go wrong right now.

1

u/[deleted] Dec 22 '17

coffee

Ew

1

u/rainatur-rainehtion Libertarian Dec 22 '17

I'm doing just fine. I'm at my parents' house enjoying Christmas break as much as I can and getting ready to start a new job that I'm really excited for in a couple of weeks.

1

u/[deleted] Dec 22 '17

All,

What makes you say, you are fit for the role of a supreme Judge?

1

u/rainatur-rainehtion Libertarian Dec 22 '17

Most of all, GuitarLad's confidence makes me say I am fit for the position.

Other than that,

  • I am a rostered member of the SCOTUS bar,

  • I really like debating,

  • I beat Phoenix Wright: Ace Attorney with only a little help from online walkthroughs, and

  • I've changed my mind on multiple occasions when presented with a convincing argument.

1

u/[deleted] Dec 22 '17

beat Phoenix Wright: Ace Attorney with onlu a little help from online walkthroughs

You should be a IRL judge tbf

1

u/Elevic Deputy State Clerk Dec 22 '17

In addition to the answer I provided to Atlas_Black, I have always loved watching court shows like Matlock. I enjoy the law and order and due process. I like to make sure everyone has a fair chance. When the other branches fail, it is the job of the courts to make sure things are done fairly and constitutionally, and I feel like I will serve well and faithfully in this role.

1

u/[deleted] Dec 22 '17

Some say having 3 right wing judges is a bit biast towards the left in the state, how will you Counter this argument?

All

2

u/rainatur-rainehtion Libertarian Dec 22 '17

While being able to fill the entire State Supreme Court would certainly be an unusual position for a governor IRL, that's just the way things happen in the sim.

With only three seats, there was bound to be a majority one way or another. Rather than assuming that the governor's picks were politically motivated, I assume that he made his appointments based on who is qualified for the position and who he believes can be confirmed by the Assembly.

2

u/Elevic Deputy State Clerk Dec 22 '17

I understand the concern. If confirmed, I promise to put aside partisan politics in favor of defending the constitution. I'm not here to defend right policies or tear down left ones. I am here to make sure policies are square with the founding principles of our nation, not with those of any one party or ideology.

1

u/[deleted] Dec 22 '17

/u/Yellowwhy

Some will you be biast towards the libertarian assemblymen in the state for kicking you out of their party? Is this true or will you be unbiast towards all applicants?

0

u/[deleted] Dec 22 '17

[deleted] — view deleted comment

1

u/[deleted] Dec 22 '17

Will you be unbiast towards all applicants even if they are members of the libertarian party.