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July 03, 2005
Stop! In the Name of Law!
Commenting on this post, wherein Patterico takes the wood to the L.A. Times, as is his wont, Dean Esmay discusses all the overwrought commentary on Justice O'Conner:
I am rather amused at all the gushing praise we're seeing from much of the press about what a wonderful wise Solomonic moderate Sandra Day O'Connor was . . . .My only question: where were all these people who are now praising her as wise, virtuous, brilliantly moderate, etc. when she came down with the majority on Bush v. Gore? Somehow I doubt all the people slobbering over her now were all that friendly to her then.
Ah, but that was different. For one week in 2000, she was G.W.'s ho. Now she's a saint.
My take? Glad you asked: far preferable to lose O'Conner before Rehnquist. Once they both retire, it'll be a wash, since Bush is going to appoint a conservative this time, and a centrist to replace Rehnquist. And there's going to be a bloodbath in the Senate over something that won't ultimately change the ideological composition of the Court.
A friend of mine asks me, "won't abortion be illegal if Roe v. Wade is overturned?"
"No," I tell him. "And it won't be overturned, either. Not within the next ten years, anyway."
Roe is peripheral at this point; with the potential of the replacement of Justice O'Connor, and with Ayotte v. Planned Parenthood of Northern New England docketed for next term, what's really interesting is the prospect of overruling the ghastly decision in Stenberg v. Carhart. This month's Economist notes that the pro life lobby has changed tactics from attempting to overturn Roe to attempting to limit the very worst fringes of abortion on demand, figuring that mostly everyone in the country agrees with this (which I think they do), so unless Bush does the unthinkable and appoints Gonzales, there could be imminent movement on this.
P.s., see this SCOTUSblog story for details on Ayotte / Stenberg.
"Let the issues be the issue.
About Joy W. McCann: I've been interviewed for Le Monde and mentioned on Fox News. I once did a segment for CNN on "Women and Guns," and this blog is periodically featured on the New York Times' blog list. My writing here has been quoted in California Lawyer. I've appeared on The Glenn and Helen Show. Oh—and Tammy Bruce once bought me breakfast.
My writing has appeared in The Noise, Handguns, Sports Afield, The American Spectator, and (it's a long story) L.A. Parent. This is my main blog, though I'm also an alumnus of Dean's World, and I help out on the weekends at Right Wing News.
My political philosophy is quite simple: I'm a classical liberal. In our Orwellian times, that makes me a conservative, though one of a decidedly libertarian bent.
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