Comments: Gonzales: Supreme Court Judges Under No Obligation To Precedential Cases

I will refrain from clasping my fingers to my cheeks and gasping. Gonzalez is right. If not for an evolving Supreme Court giving full consideration to the weight of precedence, while at the same time allowing for fresh interpretation, we'd be stuck with Dred Scott.

Must we be outraged that the administration wishes to position the Court to overturn Roe vs. Wade? The issue is devisive as slavery was in many respects. The Court is bound to have occasion to revisit it. Once women fully contemplate the possibility of having to gestate under orders from the State, they will have opportunity to send a clear message to those in office whether or not this should be permissable. The law is as mutable as the will of the politic.

Posted by obelus at July 26, 2005 04:48 PM

Gonzales has just unwittingly handed the Democrats a club to insist that Roberts tell them exactly what he thinks about Roe v. Wade.

You sure it was unwitting?

Posted by Matt Davis at July 26, 2005 04:51 PM

I meant "Gonzales". Preview and I are going to meet and possibly get acquainted.

Posted by obelus at July 26, 2005 04:52 PM

Wow. And who are the activist judges again? Are they the ones who want to throw 200 years of legal precedent out the window, or are they the other ones?

Posted by Joe Bob at July 26, 2005 05:02 PM

Steve,

Okay, I'll bite. How - EXACTLY - do the Dems force Roberts to say what he really thinks about Roe v Wade? Please spell out how a real lefty would kick Roberts' ass all over the confirmation hearings and get him to confess what's in his black fucking heart. Because from where I sit, not only does he have the option of lying in his replies, but he can also avail himself of doubletalk and legalese, most of which would go over the heads of the public.

Personally, I think it's not as god damn easy as you make it sound, Steve, so why don't you clue me in.

Posted by Novice at July 26, 2005 08:31 PM

It matters not what the American public wants. Bush is going to get 2-3 more SCOTUS judges after Roberts. The court will be completely transformed. Abortion is a dooomed procedure for likely 40-45 states after Roe is reversed. Business will get everything they want, with OSHA and nearly every other worker protection mechanism wiped out. Patriot has already negated the 4th Amendment and SCOTUS will uphold all other intrusions into our lives. Santorum may even get his wish for birth control to be severely restricted. If your kids don't like reciting the Lord's prayer loudly and proudly in all grades of school they can hike their little heathen asses into the hallway and suffer the ostracism due all evil Jews, Muslims and atheists. They also better be prepared for Dobson/Robertson/Falwell/Graham getting veto privileges regarding textbooks and lesson plans in public schools. It'll be Taliban-lite, a Roy Moore paradise.

Posted by steve duncan at July 26, 2005 08:38 PM

Novice, I would be happy with direct questions on the record, and when he waffles, then direct statements to the nominee that he appears to be evading answering the questions, all on the record so that in several months when this court moves to eviscerate Roe, the Democrats can run TV ads showing Roberts' performance and reminding voters in time for the 2006 midterms that George W. Bush and the GOP installed a man who refused to answer direct questions and then moved to overturn a court decision that was supported by a large majority of Americans.

And then I would remind voters that the only way to make sure this travesty doesn't happen again is to elect more Democrats in 2006.

Posted by Steve Soto at July 26, 2005 08:42 PM
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