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View Diary: Alito lacks support (411 comments)

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  •  What I fail to understand is (none)
    why someone such as yourself refuses to see that Conservative judges can be very activist when their pet issues are at stake.

    Good strong constitutional arguments are just that...they don't have ideology. Scalia and Alioto are very ideological. Scalia can even be dogmatic at times. That is not a good basis for law. Now I will give you Roe...it was activist, and the result has been a mess. Good law  is like good science, it has to be built slowly, brick by brick, with patience.  Roe skipped a few bricks. It is still right and moral, but disfunctional....and that is unfortunate, even tragic, for many women.

    Happy New Year, Impeach Bush

    by coigue on Wed Jan 04, 2006 at 08:55:40 PM PST

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    •  Oh of course (none)
      conservative judges can be activist as much as liberals can be.  Conservatives don't have a corner on being straight laced.  

      That's why I don't defend conservative outcomes just conservative ideology (i.e., that the Constitution is static and must be interpreted as ratifiers intended).

       

      •  I don't think the conservative ideology is as (none)
        strict as you think it is. In fact, I doubt it exists more for conservative judges than for liberal ones.

        Only, conservative politicians use it as a political football (like the (R)s calling those judges that sided with Michael Sciavo activists, when clearly they were upholding Florida law).

        All I am saying is....just because it's a conservative judge, don't assume they will be strict constructionists....I don't think Alito will be, based on his history.

        Happy New Year, Impeach Bush

        by coigue on Wed Jan 04, 2006 at 09:33:38 PM PST

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        •  I think he will be better than SOC (none)
          who was a disaster of a justice.  She ahs no guiding philosophy of anything except what she feels is "fair"
          •  Alito (none)
            Has also said he believes the liberty clause of the 14th amendment provides a right to privacy.  At least if you believe Specter.  Of course, he'll be asked this in his confirmation just like Roberts, so we'll get to here in his own words.

            But, regardless, you can continue either admit that Roberts, unlike you, believes in a right to privacy as afforded by the liberty clause of the 14th amendment or you can call him a liar.  Under oath.  Those are your choices and I suspect you'll be presented with the same choice for Alito.  Not a happy place for a strict constructionist such as yourself, but them's the breaks.

            "... the Republicans have fucked reality so hard they need a physics professor to straighten them out." -- hamletta

            by manyoso on Wed Jan 04, 2006 at 10:06:01 PM PST

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          •  SOC is a conservative (none)

            Happy New Year, Impeach Bush

            by coigue on Wed Jan 04, 2006 at 10:12:59 PM PST

            [ Parent ]

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