Wednesday, July 20, 2005

Kos kids lose reality grip: Part 1

This post is most interesting. After pointing out that Justice Ginsburg refused to answer questions about her views on issues that were likely to come before the court:

This attitude begs the question, what does Judge Roberts need to hide? Why should he be afraid to state clearly and unequivocally his judicial views?

I tell you what I suspect - he does not want to discuss Roe. And that is unacceptable.


One of the very issues that Justice Ginsburg refused to answer was her views on Roe. In my view (and I am not a lawyer and don't play one on TV, nor did I stay in a Holiday Inn Express last night) that was entirely appropriate. There were several cases that did come before the court pertaining to Roe in the first few years of her term on the court.

With Roberts, or whomever Pres. Bush would have chosen, this decision is even easier. We know that in the next session of the court (assuming cert is granted, and I haven't heard anyone who thinks it won't be) a case challenging the constitutionality of the partial birth abortion ban will be heard.

Irrespective of which party was appointing a replacement I would argue that it would be inappropriate for the Senate to ask how a perspective justice would rule on a case that everyone assumes will be heard in the next 12 months.

If the Republicans had bought into the philosophy presented here neither of Clinton's appointees to the bench would have gotten out of committee or passed an up or down vote. Republicans had a majority in the Senate for both of his very Liberal choices. Both were passed overwhelmingly. That is what elections are about, even when we don't like the choices of the victor.

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