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#46
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Jason, Im at work now or I'd spend more time responding to your posts. in a nutshell, the way I understand Roe is that the Court used the 14th amendment privacy language to include a womans right to autonomy over her own body and that it outweighed a State's compelling interest in the life of the unborn. I dont think we actually are disagreeing on the ruling, only on what we were previously discussing, which if you'll go back a few pages started with the origins of the Court's "privacy" finding. you are engaging in too many arguments if you think I am saying any more than that.
All I said was the court didnt make up its ruling out of whole cloth, it clarified (using case precedent I might add) the scope of "privacy". |
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#47
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Also, that HR did not comment on the qualifications does not mean that will not do so later. So, I do not see HR's comments as inappropriate at all. |
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#48
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#49
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http://en.wikipedia.org/wiki/Griswold_v._Connecticut - though in Griswold, the Court cited to no specific Constitutional lang. specifically outlining that right. The Court reasoned that according to precedent, the Bill of Rights guaranteed not only those rights which it specifically enumerated, but also unenumerated rights that were contained in the "penumbras" of the enumerated rights. So, Roe and Griswold are the same from that point of view. But, my point is most scholars readily admit Roe greatly expanded that concept so that it really was not the same thing in that innocent parties were being harmed. In other words, Griswold did not use the right to privacy to jusitify the killing of a fetus, which many believe is a life once initially formed. That is a huge difference from mere contraception. Roe even recognizes this issue when Justice Blackmun refuses to define when life begins. Thus, Roe did recreate the right to privacy and vastly broaden it. Note - I make no comment on when life begins or anything like that. I am just saying that the Court in Roe recognized that the State had an intertest in protecting the fetus throughout the pregnancy, but the woman's right to privacy outweighed that state's right in the first trimester because the fetus was not viable outside of the mother. Last edited by strandinthewind; 10-31-2005 at 03:00 PM.. |
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#50
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), public support won't be there, Senate support won't be there, and he'll never be confirmed. Pick number three, Mr. Bush.
__________________
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#51
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you just like arguing with me you silly man! |
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#52
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Is it nice to see an ethnic minority or a woman nominated to the court? Sure. But any nomination should be based on qualifications, and nothing but. We're appointing people to the Supreme Court here, not casting The Real World. What's important is that the candidates who are nominated are the ones who are the most qualified, and any argument for or against a nominee should be based only on that person's credentials and track record. Did Mr. Reid raise these same concerns when Clinton nominated Breyer in 1994? |
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#53
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![]() and - of course they should be qualified and I never said anything different than that. |
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#54
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I enjoyed how Bush specifically pointed out that Alito has judicial experience. I felt like I was watching Saturday Night Live & that he was going to wink at someone at any moment.
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#55
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State by State projected analysis if Roe Fell:
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#56
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If the court ought to "resemble the make of American society," what criteria should be used to create this resemblance, and why? |
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#57
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#58
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I'm not saying that qualified candidates don't come in all different sizes, shapes and colors. I'm saying that the idea that physical diversity is a primary goal that we should be seeking to achieve on the court is stupid. There are plenty of reasons to criticize Bush's choice of Alito, but the fact that Alito lacks a vagina and a significant amount of melanin is not one of them. And yes, I'm okay with the court being all white men. I'm okay with it being all black women, too. I don't care, because skin color and genitalia are not what's important here. If they're qualified, I don't care what their physical characteristics are. The field of the best qualified candidates changes all the time. And Bush's short list this time around featured both men and women. In the end he apparently felt that Alito was better qualified than those women, so he chose him. I don't think his rationale was, "Well, I'd rather have this white man on the court than these women or minorities." He chose Alito because his goal is a Supreme Court that more closely reflects his belief of how constitutional law should be applied, not a Supreme Court that more closely matches up with the physical characteristics of a random sampling of the population. |
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#59
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And since that is the hot button issue that is REALLY at stake here, lets please get off of a discussion of color/gender/race because to my mind, that doesnt seem to be a sticking point for Bush since he's chosen from minorities and also women candidates. |
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#60
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and it is not just abortion, it is all of the right to privacy and the reason for that is they want a Christian Nation. |
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