The right approaches every comma with the utmost reverence, asserting full-tilt that great men like Jefferson, Adams, and Franklin meant exactly and only what they said. This strange assumption essentially means that these intelligent, innovative people suddenly took leave of their senses and decided that human achievement and intellectual development had peaked in 1787.
In many ways, that's not an entirely unfounded assertion. Have you ever watched Street Smarts?
And from the left, Roe v. Wade is some sort of totemistic catch-all for reducing a complicated set of social mores and jurisprudential principles. One might start to think that the most pressing issue we face as a nation is ensuring the absolute right for thirteen-year-old girls to get abortions without parental consent, though they have not a single other right accrued to persons of majority age, like voting, driving -- or indeed, agreeing to any other medical procedure. In fact, if that girl were to, say, steal a car to get to the clinic to get that procedure without her parents' knowledge, and get in a wreck and kill someone along the way, there is every chance that the parents would be held legally liable for damage. Does that make sense to you?
In the meantime, far more important rights such as the Fourth Amendment -- which directly affects the entire population -- go unmentioned while they get gutted like a trophy fish. You wanna right to privacy, look at your Fourth Amendment. The War On Some Drugs has rendered it all but non-existent -- the cops could get the wrong house number, kick your door down, and accidentally shoot you in a drug raid. Too bad, so sad.
Or look at how eminent domain just got twisted like a corporate pretzel. Your house could get yanked for a strip mall now, not just a freeway or a school. Corporate developers are licking their chops over the recent Kelo decision.
Call me crazy, but I'm a lot more concerned about those issues, than whether teenagers get rights they're really not emotionally equipped (hence the foundation of statutory rape laws) to handle. Yet I've heard nothing of the sort from my dear DiFi thus far.
And the most recent major ruling, with the most potential to damage our system, may be this one handed down just last week by a federal appeals court:
Look, if there's evidence showing that Padilla intended to do what he supposedly plotted to do, then present it. Present it in a secret tribunal, if it's relevant sensitive info that could tip our hand.
But to abrogate the right to due process -- the backbone of our judicial system -- on the say-so of the executive branch is what they do in banana republics. This is fucking stupid; either charge the guy already or let him go if you got nothing on him.
Then again, maybe Bush feels this gives him an actual bit of kinship with Lincoln. You be the judge -- or, perhaps Luttig will, since coincidentally or not, his name has been in the hopper for a prospective SCOTUS nomination for some time. And he hates Roe, for starters; pretty much any curb to authoritarianism or religious nannyism, for that matter.
This Survey USA poll confirms what everyone already knows about the pro-life/pro-choice demographics. The attempt to gut Roe v. Wade along the "states' rights" argument should be a non-starter; either abortion is legal or it isn't. Women in Utah have the same rights as women in New York, do they not?
I haven't heard a single leading Democrat frame this argument in such obvious terms, and for the life of me, I have no idea why they're not doing it. Such a tack might enable them to get on with more pressing subjects. It's nice that they all know how to make it look and sound like they're doing something, but it'd be even nicer if they did something.
So strap in for an exciting week or so of esoteric minutiae like "original intent" and "stare decisis" and "penumbra", and keep in mind that the main goal for the people who selected Roberts is that he fill the Rehnquist role for the next thirty years or so.
Which makes me hope that the teenage daughters of the values voters get a nice visit from the stork soon. Payback's a bitch.