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Author Topic: Judiciary Commitee Recommends Alito  (Read 4138 times)
nini2287
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« on: January 24, 2006, 12:53:49 pm »
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http://www.cnn.com/2006/POLITICS/01/24/alito.ap/index.html

Party-line vote, not surprising
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jfern
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« Reply #1 on: January 24, 2006, 01:06:37 pm »
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So much for "pro-choice" Specter.
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A18
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« Reply #2 on: January 24, 2006, 01:28:07 pm »
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I'm looking forward to Justice Samuel Alito's official confirmation.
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nini2287
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« Reply #3 on: January 24, 2006, 01:29:48 pm »
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So much for "pro-choice" Specter.

Funny, DailyKos had the exact same quote...
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A18
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« Reply #4 on: January 24, 2006, 01:30:42 pm »
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No coincidence, I presume?
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« Reply #5 on: January 24, 2006, 04:49:26 pm »
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So much for "pro-choice" Specter.

Yeah, I didn't vote for him!!!!!  Ouuuhhkeeey!  Hope Roe stands.
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Sam Spade
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« Reply #6 on: January 24, 2006, 04:54:18 pm »
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Roe is not in any potential danger unless Stevens, Ginsburg or Kennedy leaves before 2008.

Besides, the relevant precedent in most abortion cases is now Casey, not Roe, for the most part.

I think Stenberg is probably going to bite the dust, however.  This is something I have little problem with.
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A18
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« Reply #7 on: January 24, 2006, 04:58:46 pm »
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I certainly hope the federal partial-birth abortion ban is not upheld, but after that constitutional atrocity known as Raich, who knows?
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Jim Valvano
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« Reply #8 on: January 24, 2006, 05:04:29 pm »
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Roe is not in any potential danger unless Stevens, Ginsburg or Kennedy leaves before 2008.

Besides, the relevant precedent in most abortion cases is now Casey, not Roe, for the most part.

I think Stenberg is probably going to bite the dust, however.  This is something I have little problem with.

I wouldn't be so sure about Stenberg being overturned given the way Kennedy's been recently. If Kennedy can go from majority Dolan to majority Kelo, he can go from dissent Stenberg to majority Stenberg.
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« Reply #9 on: January 24, 2006, 05:04:53 pm »
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I certainly hope the federal partial-birth abortion ban is not upheld, but after that constitutional atrocity known as Raich, who knows?
As matters currently stand, only one conservative--Justice Thomas--will likely vote against the federal partial-birth abortion ban on commerce clause grounds. The two other principled defenders of federalism, Rehnquist and O'Connor, will have already left. Scalia is only a fair-weather federalist, and I suspect that Roberts, Alito, and Kennedy would all vote to uphold the ban.
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A18
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« Reply #10 on: January 24, 2006, 05:10:25 pm »
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What makes you say that about Alito?
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« Reply #11 on: January 24, 2006, 05:14:35 pm »
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What makes you say that about Alito?
His rulings do not seem to indicate that he is a true federalist like Rehnquist. He might simply be in favor of federalism when he agrees with the result, like Scalia.
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Jim Valvano
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« Reply #12 on: January 24, 2006, 05:20:33 pm »
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I certainly hope the federal partial-birth abortion ban is not upheld, but after that constitutional atrocity known as Raich, who knows?
As matters currently stand, only one conservative--Justice Thomas--will likely vote against the federal partial-birth abortion ban on commerce clause grounds. The two other principled defenders of federalism, Rehnquist and O'Connor, will have already left. Scalia is only a fair-weather federalist, and I suspect that Roberts, Alito, and Kennedy would all vote to uphold the ban.

Well it doesn't matter. Even if Roberts, Alito, Kennedy, and Scalia all vote to uphold it they'll be outweighed by the loons plus Thomas
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A18
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« Reply #13 on: January 24, 2006, 05:21:25 pm »
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I wouldn't be so sure about Stenberg being overturned given the way Kennedy's been recently. If Kennedy can go from majority Dolan to majority Kelo, he can go from dissent Stenberg to majority Stenberg.

Dolan v. Tigard and Kelo v. New London were two very different cases.

One dealt with when property could be taken, and the other dealt with the compensation for takings.
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« Reply #14 on: January 24, 2006, 05:24:02 pm »
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Just an observation...from the Dem questions on the Judiciary Committee, it appears that the one fundamental principle the Democrats swear to uphold at any cost is abortion on demand. How pitiful. Roll Eyes
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« Reply #15 on: January 24, 2006, 05:27:52 pm »
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Just an observation...from the Dem questions on the Judiciary Committee, it appears that the one fundamental principle the Democrats swear to uphold at any cost is abortion on demand. How pitiful. Roll Eyes

There's no such thing as "abortion on demand", you insensitive jackass.

Abortion rights have been eroded greatly over the past 20 years and 87% of all U.S. counties have no abortion provider. Hell, there are 2 or 3 states where there is only one abortion provider in the whole state.
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« Reply #16 on: January 24, 2006, 05:30:26 pm »
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I wouldn't be so sure about Stenberg being overturned given the way Kennedy's been recently. If Kennedy can go from majority Dolan to majority Kelo, he can go from dissent Stenberg to majority Stenberg.

Dolan v. Tigard and Kelo v. New London were two very different cases.

One dealt with when property could be taken, and the other dealt with the compensation for takings.

I know, but it was still a shift from pro-property rights to anti-property rights. I dread to think him making a similar move on freedom of association.
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A18
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« Reply #17 on: January 24, 2006, 05:32:04 pm »
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I wouldn't be so sure about Stenberg being overturned given the way Kennedy's been recently. If Kennedy can go from majority Dolan to majority Kelo, he can go from dissent Stenberg to majority Stenberg.

Dolan v. Tigard and Kelo v. New London were two very different cases.

One dealt with when property could be taken, and the other dealt with the compensation for takings.

I know, but it was still a shift from pro-property rights to anti-property rights. I dread to think him making a similar move on freedom of association.

Ruling that the government can not use eminent domain would be even more pro-property rights. If Scalia voted against that, would he be inconsistent as well?

In the case of Stenberg v. Carhart, we're talking about pretty much the exact same issue.
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WMS
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« Reply #18 on: January 24, 2006, 05:36:35 pm »
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Just an observation...from the Dem questions on the Judiciary Committee, it appears that the one fundamental principle the Democrats swear to uphold at any cost is abortion on demand. How pitiful. Roll Eyes

There's no such thing as "abortion on demand", you insensitive jackass.

Abortion rights have been eroded greatly over the past 20 years and 87% of all U.S. counties have no abortion provider. Hell, there are 2 or 3 states where there is only one abortion provider in the whole state.

Not for lack of trying on your side's part, you bloody leftist hack.

Right after Roe, your side basically contorted the law so that 'mental anguish' could be construed to allow abortion-on-demand at ANY point in the pregnancy - I believe A18, Liberty, and others have more details on that. Any 'erosion' in rights happened after Casey [right case, A18?] weakened Roe a little bit. Of course, this raises the question of why your side talks about 'protecting Roe' all the time (like on the Judiciary Committee) if it is no longer the governing authority...
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A18
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« Reply #19 on: January 24, 2006, 05:41:32 pm »
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No, at the latest, Webster v. Reproductive Health Services (1989) began the 'erosion,' three years before Casey.

But the kind of regulations that have been upheld really have nothing to do with abortion on demand.
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« Reply #20 on: January 24, 2006, 05:42:57 pm »
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Not for lack of trying on your side's part, you bloody leftist hack.

Thanks for admitting you lied about "abortion on demand", and that you only use it because it's a cheap talking point.

I would love to put you in a woman's shoes and see if your opinion changes when the government gets the authority the control your reproductive decisions. The facts are a great majority of women don't want the government controlling their uterus.

It's so easy for men to judge this issue when it doesn't directly affect you. It must be nauseating for women to deal with all these authoritarian men who want to take away their rights.



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« Reply #21 on: January 24, 2006, 05:43:47 pm »
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No, at the latest, Webster v. Reproductive Health Services (1989) began the 'erosion,' three years before Casey.

But the kind of regulations that have been upheld really have nothing to do with abortion on demand.

Thanks for the clarification.
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Sam Spade
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« Reply #22 on: January 24, 2006, 05:49:54 pm »
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I certainly hope the federal partial-birth abortion ban is not upheld, but after that constitutional atrocity known as Raich, who knows?
As matters currently stand, only one conservative--Justice Thomas--will likely vote against the federal partial-birth abortion ban on commerce clause grounds. The two other principled defenders of federalism, Rehnquist and O'Connor, will have already left. Scalia is only a fair-weather federalist, and I suspect that Roberts, Alito, and Kennedy would all vote to uphold the ban.

Well it doesn't matter. Even if Roberts, Alito, Kennedy, and Scalia all vote to uphold it they'll be outweighed by the loons plus Thomas

Uh, Stenberg v. Carhart struck down the Nebraska law which banned partial-birth abortion because it presented an undue burden on the right to have an abortion.

I don't see what this has to do with federalism.

Souter, Ginsburg, Breyer, Stevens and O'Connor formed the majority.

Kennedy, Rehnquist, Scalia and Thomas formed the dissent (each writing his own separate dissent).

Even though Kennedy has had a tendency to move left, this lengthy dissent is fairly forthright from him and leads me to believe he probably hasn't changed his mind here.

Quoting from the dissent:

Ignoring substantial medical and ethical opinion, the Court substitutes its own judgment for the judgment of Nebraska and some 30 other States and sweeps the law away. The Court's holding stems from misunderstanding the record, misinterpretation of Casey, outright refusal to respect the law of a State, and statutory construction in conflict with settled rules. The decision nullifies a law expressing the will of the people of Nebraska that medical procedures must be governed by moral principles having their foundation in the intrinsic value of human life, including life of the unborn. Through their law the people of Nebraska were forthright in confronting an issue of immense moral consequence. The State chose to forbid a procedure many decent and civilized people find so abhorrent as to be among the most serious of crimes against human life, while the State still protected the woman's autonomous right of choice as reaffirmed in Casey.

The Court closes its eyes to these profound concerns.
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jfern
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« Reply #23 on: January 24, 2006, 05:50:49 pm »
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I certainly hope the federal partial-birth abortion ban is not upheld, but after that constitutional atrocity known as Raich, who knows?
As matters currently stand, only one conservative--Justice Thomas--will likely vote against the federal partial-birth abortion ban on commerce clause grounds. The two other principled defenders of federalism, Rehnquist and O'Connor, will have already left. Scalia is only a fair-weather federalist, and I suspect that Roberts, Alito, and Kennedy would all vote to uphold the ban.

Thomas is a fair-weather federalist. See his rulings on Gonzales v. Oregon and Bush v. Gore.
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A18
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« Reply #24 on: January 24, 2006, 05:51:35 pm »
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Uh, Stenberg v. Carhart struck down the Nebraska law which banned partial-birth abortion because it presented an undue burden on the right to have an abortion.

I don't see what this has to do with federalism.

Uh, did you read the quotes before posting that? We were talking about the federal partial-birth abortion ban.
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