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View Diary: Justice Thomas Gets One Right (130 comments)

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  •  with all due respect (none)
    you are mixing a lot of apples and oranges here.  

    roe followed pretty well from griswold v. connecticut, in my opinion, a case that found that states could not prevent married couples from using birth control.  

    kelo had nothing but nothing to do with any of this.  In fact, the decision in kelo actually deferred to elected officials, and the result you would advocate would require the court to create a limitation on power of elected officials (arguably without any provision in the constitution to justify it).

    you are a person with great mistrust for decisions by non-elected judges.  I have a great mistrust for politicians who cave in to the will of the majority in a way that infringes on minority rights.  The framers mistrusted both, and that's why they divided power in the way they did.  You seem to want to forget that the constituion is a counter-majoritarian document in many ways.

    Platitudinous speeches before friendly audiences won't calm unsettled minds. DMN

    by sophiebrown on Mon Sep 12, 2005 at 09:19:25 AM PDT

    [ Parent ]

    •  I just want... (none)
      a true democratic process, where the legislative branch defines what is legal and a judicial branch that can apply those standards to individual cases.  I hold great trust for many judges.  The cases I listed are an exception to the rule, but are still dangerous decisions because they erode the PROCESS set forth by the framers of this country.

      It's not a pro-choice vs. pro-life issue, so I hope no one gets that idea.  What if tomorrow the supreme court decides that gun control is not constitutional?  From then on, only the supreme court (not congress) can change the legality of guns.  What has happened with Roe is that the supreme court now owns the issue.  We the people have no control over it.  That works out well for those who are pro-choice, but apply the same standards to other issues and you can see how dangerous such decisions can be.

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