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what bugs me
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Overturning Roe
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Overturning Roe
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what bugs me
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Overturning Roe
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I'm assuming the 4th dissenter in Casey has since retired, but I can't remember who it was and who the replacement is. Kennedy is a wild card. Seriously, I think one could envision that him and one or two others just want the solid numbers and the solid rationale in-place to overturn Roe. Not because they think Roe was right in the first place, but because they don't like overturning precedent, and they don't (editorial comment: and shouldn't) want to zigzag on this and appear like they are appeasing a political constituency. So, what I think gets this done is: 1.) Enough time to make it something other than politically reactive; 2.) 5 people to sign onto a single opinion that says "this ain't none of our business, and never was" (as compared to multiple concurrences that make it seems like nobody really agrees on the law); 3.) and a plausible rationale for overturning and discrediting precedent... mebbe viability or sumthing. I'm comfortable with 1 and 2, and a little sketchy on what they would use for 3. But I'm comfortable that nobody in those robes can offer a coherent defense of an incoherent opinion. Hello |
Overturning Roe
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Steven Calabresi and and James Lindgren had it right in an op-ed in the WallStreetJournal last Friday entitled Supreme Gerontocracy. Some excerpts from the same: It has been almost 11 years since the last vacancy opened up on the Supreme Court. The current group of justices has served together for longer than any other group of nine justices in American history .Two of the current justices are in their 80s, two in their 70s, and four more between 65 and 69 .The current Court is a gerontocracy -- like the leadership cadre of the Chinese Communist Party. . While mental incompetence was rare in the first century on the Court, since 1898 it has become a regular occurrence for justices who serve more than 18 years; by one estimate about a third were mentally incompetent to serve before they finally retired. We think this is unacceptable. No powerful government institution in a modern democracy should go for 11 years without any democratic check on its membership . Tomorrow, a conference of scholars (most of whom are committed to this idea) will meet at Duke Law School to discuss various proposals for such an [Constitutional] amendment. . For 180 years through 1970, we had Supreme Court tenures of about 15 years, a practice that worked well. Now that this system has broken down, it is time to restore some sanity to the process of selecting our justices. A first step would be to institute reasonable term limits for the members of the Supreme Court. Damn straight! |
My law clerks are getting ready for finals
so i thought maybe we could review-
Earlier this week Ty pointed to one his deep thinker's very astute analysis that decided while Bush will achieve a Democracy in Iraq- it wasn't worth it. I think it nice to reivew how his boys (and girl) have moved.
While I am mortified by some of the social decisions driven by the perceived red state fundamentalism, that can be tempered. Given the reins of this country back to the wiggle-brained cannot be repaired. Those of you who "might" vote Dem because of spending know you won't because it''s clear that what drives their big umbrella is a belief that the world is all good people except for us- The Dems deserve to be in therapy but not the White House. |
My law clerks are getting ready for finals
[:rolleyes:
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Vote for Bush's Nominees, or You Hate the Baby Jesus
NYT:
You're right, Hank. This social policy stuff isn't really driven by GOP leadership, and can be easily tempered. I don't know what we were worried about. |
Tortious Interference
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what bugs me
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So, your point was? |
observation
Has anyone else noticed that since Terri Schinndler was murdered while Jeb et al sat on their hands, almost all of the Republicans come off as wimpy little impotent mama boy pussies?
With the exception of Tom DeLay. |
what bugs me
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Tortious Interference
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See? Everybody wins. |
what bugs me
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p.s., If you want to come out, just pm me. I'll give up my info if you give up yours. Then we needn't make any more incorrect assumptions about each other. |
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