LawTalkers - Waiting for Fitzgerald

Originally posted by Gattigap
If you want more Scalias and Thomases on the Court, vote Republican. If you don't, and it's important to you, then you'd better not.

It's embarassing that lawyers would attempt to dumb down the argument into some type of scare tactic related to Scalia or Thomas. Scalia is one of the great intellectual minds and jurists of his generation and our time and properly sits on the SCotUS. The same might be able to be said for Ginsburg. They represent different judicial and constitutional philosphies but neither's ideology outweighs their credentials.

While the name Alito could replace Scalia in the above sentence, they are not the same person. Alito is not qualified because he is a carbon copy of Scalia, he is qualified because of his intellect and accomplishments. It's an insult to him, SCalia and the Court to insinuate otherwise. Also, it borders on the whole "Scalito" term, and as such, the typical racist bias of the left wing. Congrats on chugging the kool-aide.

Quote:

Originally posted by Gattigap
that this post closely trails your advocacy piece cheering Roe no longer being law of the land, right?

yes. Once Roe is gone, the states will be more free to regulate partial birth abortion, and require parental consent and notification. Which the American people, except the out of touch looney left, support.

paigowprincess

11-01-2005 04:32 PM

QUestion on campaign strategy '04

Quote:

Originally posted by Penske_Account
2. It is a breath of fresh air to have some new free thinking perspective here rather than the tired old cliched cat poop from some of regulars, except I can't endorse your comment about Detroit. Hank is a free thinkinger type and I am almost positive he lives in or around Detroit. Also, I co-invented the MotorCityBagel.

Can I get feedback from something in a gattigap or atticus?

Penske_Account

11-01-2005 04:34 PM

QUestion on campaign strategy '04

Quote:

Originally posted by paigowprincess
Can I get feedback from something in a gattigap or atticus?

Atticus got banned for being less than helpful. He posts on the Parents Board now instead.

paigowprincess

11-01-2005 04:35 PM

QUestion on campaign strategy '04

Quote:

Originally posted by Hank Chinaski
Welcome to the PB. And while i will respond substantively, I wanted to note that if you were a newber like me posting on your home, the FB, several posters would flyspeck your post to identify a spelling error, and then critcize you for the error. I'm sure you will find it more refreshing here.

One thing, and it is a truly bothersome thing, is that a majority of people still hate fags (in the abstract- even I get bothered by Coltrane-swishing-Mizuno act). Michigan voted for Kerry by several points. that same night 60% of the state voted to ban gay marriage- it's fucked up. Detroit was 90% for Kerry- 65% for the gay ban.

Everyone knew what the election meant to the court- the candidates didn't need to hgihlight it- and the "scary" bush imagery might have actually helped him.

I think Roberts will vote to keep Roe, he promised to follow precedant or whatever- so the sum is still there maybe? plus the new guy was told his position was wrong so maybe he'd accept that? Case isn't overturned until its overturned.

Perhaps Michigan would have gone for Bushie if Kerry elucidated the importance of the Supremes in protecting civil liberties then? Still shows that the point about the SUpremes wasn't driven home. Perhaps an ad about banning affirmative action (black town right?

Gattigap

11-01-2005 04:36 PM

Bring it on Dimwits!

Quote:

Originally posted by Penske_Account
It's embarassing that lawyers would attempt to dumb down the argument into some type of scare tactic related to Scalia or Thomas.

This from one whose favorite word is "Dimwits."

Quote:

Scalia is one of the great intellectual minds and jurists of his generation and our time and properly sits on the SCotUS. The same might be able to be said for Ginsburg. They represent different judicial and constitutional philosphies but neither's ideology outweighs their credentials.

It's not an argument of credentials. (The Miers nomination is over, Penske.) It's an argument over their judicial philosophies. Saying that you don't agree with thier approach doesn't dumb down anything.

Quote:

While the name Alito could replace Scalia in the above sentence, they are not the same person. Alito is not qualified because he is a carbon copy of Scalia, he is qualified because of his intellect and accomplishments. It's an insult to him, SCalia and the Court to insinuate otherwise. Also, it borders on the whole "Scalito" term, and as such, the typical racist bias of the left wing. Congrats on chugging the kool-aide.

I never said that they were the same person. See above.

Quote:

Uh-oh. Once Roe is gone, the states will be more free to regulate partial birth abortion, and require parental consent and notification. Which the American people, except the out of touch looney left, support.

We've had the poll discussions before. I even pointed you to citations about the polls, so that you could parse the language of the questions.

Penske_Account

11-01-2005 04:52 PM

Bring it on Dimwits!

Quote:

Originally posted by Gattigap

It's not an argument of credentials. (The Miers nomination is over, Penske.) It's an argument over their judicial philosophies. Saying that you don't agree with thier approach doesn't dumb down anything.

It certainly does when the debate consists of our philosophy good, the other philosophy=back room abortions and segretation. Your boys invented Borking, which has dumbed down the whole process. Y'all must be proud of exporting the dimwitticism of the Demo leadership. My side took the high road with both Breyer and Ginsburg.

Quote:

Originally posted by Gattigap

I never said that they were the same person. See above.

You implied. The stealth strategy of liberalism.

Quote:

Originally posted by Gattigap

We've had the poll discussions before. I even pointed you to citations about the polls, so that you could parse the language of the questions.

Yes, and my recollection while the polls showed a majority support some right to abortion, they also support regulation of partial birth abortion and parental notification and consent laws. Undoing Roe will allow the will of the people and the babyjesuschristsuperstar to be done.

Mmmm, Burger (C.J.)

11-01-2005 04:58 PM

more demo racism?

Quote:

Originally posted by sgtclub
In my experience, that is way low. I'd say that you are in the 95th (or 5th, depending on one's perspective) percentile. I'd guess the average for women is about 15.

Selection bias--you're fucking the slutiest ones.

Surveys show the average is somewhere below 10, although the number is higher for men than women, which causes some to question the surveys' valididty.

Mmmm, Burger (C.J.)

11-01-2005 04:59 PM

Bring it on Dimwits!

Quote:

Originally posted by Penske_Account
Sen. Mike DeWine, who met with President Bush's latest high court choice earlier Tuesday, warned Democrats he would side with GOP leaders to eliminate the judicial filibuster if the minority party uses it against the New Jersey judge.

DeWine is a Republican who was formerly one of the 7 RiNOs in the Gang of 14. Things are not looking good for the demos here. Odds are McCain and Lindsay Graham will be contrained to support the President and Frist will have the votes to go nucular. Woo hoo. And Chafee, Snowe and Collins can go fuck themselves or each other.

Meanwhile, Operation: Rescue declared that the country was on "the fast-track to derailing Roe v. Wade as the law of the land." Indeed.

He has 52 votes. If voted on again in the Spring of 2007, we will have only 49.

Penske_Account

11-01-2005 05:00 PM

more demo racism?

Quote:

Originally posted by Mmmm, Burger (C.J.)
Selection bias--you're fucking the slutiest ones.

Surveys show the average is somewhere below 10, although the number is higher for men than women, which causes some to question the surveys' valididty.

Translation: I am not below average damnit!!!

Penske_Account

11-01-2005 05:02 PM

Bring it on Dimwits!

Quote:

Originally posted by Mmmm, Burger (C.J.)
He has 52 votes. If voted on again in the Spring of 2007, we will have only 49.

2007 is speculative, but all we need to get Alito on is 51. Done. Deal. Break out the vintage Bolly (the only question is, the '95 or the '90 RD???)

Mmmm, Burger (C.J.)

11-01-2005 05:02 PM

Bring it on Dimwits!

Quote:

Originally posted by Penske_Account

Further, we went through polls on this a few weeks ago. The American people support laws that require parental consent and notification for minors seeking abortions. They also support regulation of partial birth abortions. Those are the cases that are coming that will erode Casey's and Roe's effect and, of course, employing the Ginsgburg strategy, Alito won't be able to comment on those cases.

Question: has any court held that partial birth abortion is unconstitutional in itself? As opposed to a holding that the statutes are either vague or overbroad (or both)?

And didn't casey uphold a parental consent provision, with a judicial bypass? Why is more needed?

SlaveNoMore

11-01-2005 05:04 PM

Bring it on Dimwits!

Quote:

Mmmm, Burger (C.J.)
He has 52 votes. If voted on again in the Spring of 2007, we will have only 49.

Out of curiousity - how are you getting this result?

Mmmm, Burger (C.J.)

11-01-2005 05:04 PM

more demo racism?

Quote:

Originally posted by Penske_Account
Translation: I am not below average damnit!!!

Reverse translation: Even babyjesus loves mansluts like me.

Mmmm, Burger (C.J.)

11-01-2005 05:05 PM

Bring it on Dimwits!

Quote:

Originally posted by SlaveNoMore
Out of curiousity - how are you getting this result?

Black magic?

55-3=52. And three Rs will lose their seats next Fall as a result of Bush's efforts on various fronts.

The number would be 51 if Specter didn't have a chairmanship to lose.

Mmmm, Burger (C.J.)

11-01-2005 05:06 PM

Bring it on Dimwits!

Quote:

Originally posted by Penske_Account
Break out the vintage Bolly

That's French, you know.

ltl/fb

11-01-2005 05:09 PM

more demo racism?

Quote:

I would like to see a breakdown of the results based on age and marital history. People who get married right out of high school (or even college) push the average low. Diane, I think, has never been married and is over 30.

ETA translation: I feel like a big ol' hoor.

Don't worry, I'll get over it.

ltl/fb

11-01-2005 05:11 PM

Bring it on Dimwits!

Quote:

Originally posted by Mmmm, Burger (C.J.)
Question: has any court held that partial birth abortion is unconstitutional in itself? As opposed to a holding that the statutes are either vague or overbroad (or both)?

And didn't casey uphold a parental consent provision, with a judicial bypass? Why is more needed?

I assume you mean has the outlawing of partial-birth abortion been held constitutional (or, conversely, that partial-birth abortion is protected by the constitution).

I don't think so. I think when the statutes have been struck down it is for vagueness/overbroadness, as you state.

Penske_Account

11-01-2005 05:13 PM

Bring it on Dimwits!

Quote:

Originally posted by Mmmm, Burger (C.J.)
That's French, you know.

Asked and answered.

eta: Is it a PLF coincidence that you were the asker?

taxwonk

11-01-2005 05:14 PM

QUestion on campaign strategy '04

Quote:

Originally posted by paigowprincess
Perhaps Michigan would have gone for Bushie if Kerry elucidated the importance of the Supremes in protecting civil liberties then? Still shows that the point about the SUpremes wasn't driven home. Perhaps an ad about banning affirmative action (black town right?

I think, with the exception of the fact that, as Hank noted, America ain't ready to invite gay folk into the PTA and the potluck supper, the '04 election was more about the Islamic Peril than anything else.

I don't know that a greater emphasis in the Supremes would have made a difference. The issue was widely discussed among the people who care, on both sides of the political spectrum, and the big bulge in the middle just doesn't pay enough attention for it to matter.

Hank Chinaski

11-01-2005 05:14 PM

QUestion on campaign strategy '04

Quote:

Yes. a Kerry ad about how Bush will appoint judges who would ban AA would have gotten Bush votes, not Kerry.

I don't know how Abortion would tilt, I leave those polls to our resident intellectuals, Penske and Gattigap.

Replaced_Texan

11-01-2005 05:17 PM

Bring it on Dimwits!

Quote:

Justice Bryer in Stenburg v. Carhart, 2000 regarding a Nebraska ban on partial birth abortions wrote the majority opinion:

Quote:

The question before us is whether Nebraska's statute, making criminal the performance of a "partial birth abortion," violates the Federal Constitution, as interpreted in Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833 (1992), and Roe v. Wade, 410 U. S. 113 (1973). We conclude that it does for at least two independent reasons. First, the law lacks any exception " `for the preservation of the ... health of the mother.' " Casey, 505 U. S., at 879 (joint opinion of O'Connor, Kennedy, and Souter, JJ.). Second, it "imposes an undue burden on a woman's ability" to choose a D&E abortion, thereby unduly burdening the right to choose abortion itself. Id., at 874.

The current litigation over the Partial Birth Abortion Act revolves around the "health of the mother" issue, and I've heard speculation that the provision was deliberately left out or weakened in order to ensure litigation.

taxwonk

11-01-2005 05:18 PM

Bring it on Dimwits!

Quote:

Casey was about spousal notification. An issue that is notably absent from the discussion over Roe's and Casey's future on the board.

SlaveNoMore

11-01-2005 05:21 PM

Bring it on Dimwits!

Quote:

Mmmm, Burger (C.J.)
55-3=52. And three Rs will lose their seats next Fall as a result of Bush's efforts on various fronts.

I quite disagree, but your prediction has been duly noted for the record.

Hank Chinaski

11-01-2005 05:23 PM

Bring it on Dimwits!

Quote:

Originally posted by SlaveNoMore
I quite disagree, but your prediction has been duly noted for the record.

I offered a 1 month board support bet to the Board in general on the very issue. No takers.

Penske_Account

11-01-2005 05:28 PM

Bring it on Dimwits!

Quote:

Originally posted by Mmmm, Burger (C.J.)

And didn't casey uphold a parental consent provision, with a judicial bypass? Why is more needed?

Now it's a parsing of what is or isn't an undue burden.

Penske_Account

11-01-2005 05:31 PM

Bring it on Dimwits!

Quote:

Originally posted by taxwonk
Casey was about spousal notification. An issue that is notably absent from the discussion over Roe's and Casey's future on the board.

It was but it also upheld the law at issues parental notification and consent provisions.

eta: when Roe and casey are gone, spousal notification is something that state law should revive. indeed

Sexual Harassment Panda

11-01-2005 05:31 PM

Bring it on Dimwits!

Quote:

Originally posted by Hank Chinaski
I offered a 1 month board support bet to the Board in general on the very issue. No takers.

If you are talking about this particular bet, sign me up.

Penske_Account

11-01-2005 05:31 PM

Bring it on Dimwits!

Quote:

Originally posted by SlaveNoMore
I quite disagree, but your prediction has been duly noted for the record.

Replaced_Texan

11-01-2005 05:39 PM

Uh, did the Democrats just shut down the Senate?

Mmmm, Burger (C.J.)

11-01-2005 05:43 PM

Bring it on Dimwits!

Quote:

Originally posted by Penske_Account

eta: Is it a PLF coincidence that you were the asker?

Apparently you continue to be as inconsistent as I am consistent. Surrender monkey.

Hank Chinaski

11-01-2005 05:43 PM

Quote:

Originally posted by Replaced_Texan
Uh, did the Democrats just shut down the Senate?

They might want to check with Newt about how that "shuting down the government" thing worked out last time.

To censure, is it a simple majority vote?

Mmmm, Burger (C.J.)

11-01-2005 05:44 PM

Bring it on Dimwits!

Quote:

Originally posted by Replaced_Texan
Justice Bryer in Stenburg v. Carhart, 2000 regarding a Nebraska ban on partial birth abortions wrote the majority opinion:

The current litigation over the Partial Birth Abortion Act revolves around the "health of the mother" issue, and I've heard speculation that the provision was deliberately left out or weakened in order to ensure litigation.

Thanks. It seems both those are overbreadth questions, but I guess that flows right into undue burden, because it's not narrowly tailored enough not to be an undue burden.

And, yes, Fringe, I inartfully drafted by question. You correctly understood it.

sgtclub

11-01-2005 05:46 PM

more demo racism?

Quote:

Perhaps - the pristine won't go anywhere near me . . .

The survey are wrong, mostly because men inflate and women deflate.

Mmmm, Burger (C.J.)

11-01-2005 05:55 PM

Bring it on Dimwits!

Quote:

Originally posted by Penske_Account

eta: when Roe and casey are gone, spousal notification is something that state law should revive. indeed

Is this ever an issue except in circumstances in which we might be worried that notification might not result in a good outcome?

Also, do you similarly support abrogation of the spousal privilege on the ground that the state should be able to control communications between husband and wife?

Mmmm, Burger (C.J.)

11-01-2005 06:00 PM

more demo racism?

Quote:

Originally posted by sgtclub
Perhaps - the pristine won't go anywhere near me . . .

The survey are wrong, mostly because men inflate and women deflate.

Ahh, yes. linky

Not to mention skewness in averages that mean the mean is higher than the median. (Thanks Penske and Wilt)

The pristine are married--that's your problem. Move to Thailand if you don't like it.

sgtclub

11-01-2005 06:05 PM

more demo racism?

Quote:

Originally posted by Mmmm, Burger (C.J.)
Ahh, yes. linky

The pristine are married--that's your problem. Move to Thailand if you don't like it.

The pristine are a nightmare. I'll take a good old fashion slut any day of the week.

Penske_Account

11-01-2005 06:08 PM

Bring it on Dimwits!

Quote:

Originally posted by Mmmm, Burger (C.J.)
Apparently you continue to be as inconsistent as I am consistent. Surrender monkey.

How is my position inconsistent? I have maintained it since 2002 and it is my only articulation on the subject. I may not like the french or their politics or their lack of hygiene but I don't have a problem giving them money for goods and services at which they have a competitive advantage.

ltl/fb

11-01-2005 06:10 PM

more demo racism?

Quote:

Originally posted by sgtclub
The pristine are a nightmare. I'll take a good old fashion slut any day of the week.

What are the pristine like? I don't think I know any anymore. Or know any who discuss sex.

sebastian_dangerfield

11-01-2005 06:24 PM

Quote:

Originally posted by Replaced_Texan
Uh, did the Democrats just shut down the Senate?

Circle jerk.

sgtclub

11-01-2005 06:26 PM

more demo racism?

Quote:

Originally posted by ltl/fb
What are the pristine like? I don't think I know any anymore. Or know any who discuss sex.

There are two types. The first are pristine, but want to be "bad girls" and just need a little coaxing to get them there. Those are not truly pristine, just sluts that haven't realized they're sluts yet. They are the holy grail of the sex world, because they are your sluts (as opposed to sluts in general). The other are the truly pristine that are all fucked up/guilty about sex. They don't really enjoy it, but do it for a variety of emotional reasons.

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