Justice Janice Rodgers Brown
 

We're never going to overturn Roe, you no-mind. It's our biggest draw.

Justice Janice Rodgers Brown
 

Mary Landreau (sp?) coming to the rescue in New Orleans.

Justice Janice Rodgers Brown
 

OK, so you believe in rule by judicial fiat?

"Nine old, white men" should set American policy because a majority might disagree with you??? Harry Blackmun is much smarter than us.

Such unbridled arrogance.

And all the more reason why Bush should appoint an uber-conservative and hope for a few more appointments.

Justice Janice Rodgers Brown
 

With Terri Schiavo the Feds were stepping in to prevent a state sanctioned taking of her right to life. Unfortunately a rogue judge and the liberal inteligentsia succeeded in committing murder. Please don't make yourself an accessory after the fact Sebby. I enjoy your work too much to think of you in the greybar hotel catching for the bigger inmates.

With innocent feti, the states have the right, nay the duty to prevent judicially sanctioned murder.

The culture of life is consistent on these issues.

Justice Janice Rodgers Brown
 

Defense of Marriage Act?

Justice Janice Rodgers Brown
 

Don't you understand that we simply pre-vote those very same issues in the legislature when we select justices? What's the fucking difference?

Justice Janice Rodgers Brown
 

How come no dem has come out publicly to call for the rule of law to be applied to Landrieu for her threats against the president?

Also, here's a pictorial illustration of what you are saying above:

http://aarons.cc/i/i5/sean-penn-katrina.jpg

I Am Sam
 

Unlike Sean Penn, the jackass has neither an entourage or a personal photographer.

Does the jackass have a shotgun for protection?

Justice Janice Rodgers Brown
 

I'm not jetisoning rationality. The right to privacy is so clearly woven through every phrase of the Constitution and Bill of Rights that "obvious" actually fits.

If we have no right to privacy, then what rights do we have? Don't you consider privacy an inherent party of "liberty," "freedom." I mean, how do we have any human dignity without it?

The only reason its even being debated is because a pack of literalists have tried to torture an imbecillic, narrow interpretation out of the Bill of Rights and Constitutions to fit their political agendas.

Of course there's a right to privacy. Think of the absurd results we'd have if there wasn't one. How in the hell could we have any freedom at all if we had no right to privacy? Jesus, unlawful search and seizure would be legal under your interpretation.

Justice Janice Rodgers Brown
 

What does that have to do with the culture of life?


ps: dinner?

Justice Janice Rodgers Brown
 

I completely agree that, in the natural rights of man, privacy is there.

Show me where it's in that limited document called our Constitution.

You're like a religious nut. You want it to be, and so therefore it is there.

Umm, no.

Justice Janice Rodgers Brown
 

No, because that is dealt with specifically. I can find it in the constitution.

Justice Janice Rodgers Brown
 

The judges are boxed in by precedent and the Constitution. Roe keeps the courts and legislatures from amking abortion a huge fucking disaster culturally and politically. Roe draws an imperfect line for women's rights and says "We ought not to go fucking around with this, because really... it belongs in a doctor's office, not a legilature, where it will be used as a political football by imbeciles and whores."

Justice Janice Rodgers Brown
 

Exactly. I'd like a right to privacy to not have to disclose my income to the Feds. Can I apply this hallucinatory right against the IRS Sebby?

Justice Janice Rodgers Brown
 

Again, I agree with the sentiment, but I can't get there constitutionally. Roe represents a justice deciding that it's all a fucking mess, and he's going to clean it up.

But we're lawyers, and we know better. He fucked up. This isn't a constitutional issue. It's a moral one.

Justice Janice Rodgers Brown
 

Is the doctor living up to his hypocritical oath when he kills the unborn child?

Bye bye, babyjesus......

http://www.lifeissues.org/images/PBA.jpg

Justice Janice Rodgers Brown
 

I made this post on August 30th.

Strict Construction Post #2971

Did anyone see that West Wing where Rob Lowe was questioning the potential Supreme Court nominee about enumerated rights.

He said that someone in the Georgia legislature voted against the Bill of rights (when the amendment was put to the Georgia legislature for a vote) claiming that if the rights were written down that some idiot would later claim that the rights written down were the only ones that existed.

Anyone know if this is true. Anyone have the real quote?

___________________________________________

I wrote this post because I had never heard this before. Is anyone aware of some common law rights? Was there a tradition in the colonies of court created (common law) rights.

The statement in West Wing seems to imply that.

I am pretty sure that all the rights in England were established by common law.

Are there common law rights in the United States?

This is pretty much the crux of the issue isn't it? If there is a common law tradition in the colonies and then the United States of common law rights then the Supreme Court making up rights wouldn't be all that strange and the whole idea of strict construction (at least as far as rights are concerned) comes under suspicion. Anyone know about this stuff?

Justice Janice Rodgers Brown
 

Put DOWN the wine, and stop with the illustrations. They hinder the argument.

Justice Janice Rodgers Brown
 

OK. I'll play... So we have no right to privacy. Then I think HIPAA needs to be overturned. Its patient confidentiality clauses are unconstitutional. Oh, and your child's school records - not confidential (unlesss you've signed some agreement with the school). We can publish her conduct reports in the paper if we like, no? Oh, and when you get hair plugs, I'm going to pay your doc for the info and send the photos to all your friends. If you don't have the right to control your own body, well, your doc and I certainly don't have any reason not to publish that shit for a laugh, right?

Justice Janice Rodgers Brown
 

Wow, you're old.

Are you asking if the Georgia tale was true? Certainly it was. The fear about listing rights was that there were tons of rights that everyone recognized, and if you made a list, you'd miss some. That's why the BOR came later - it was only after a few months that some signers recognized that they'd better start listing them, because the lg body seemed to feel a freedom in the absence of a list.

Oy Vey
 

Yet no one "found" it within the first 180-so years of American jurisprudence. Funny dat.

And yet they didn't add the word "privacy" (or any synonym, for that matter). Now why is that? Typo?

One could also say that a bunch of creative unelected freelancers have usurped the Constitution to impose their imbecillic idea of social engineering.

Actually, that is EXPRESSLY prohibited in the Constitution, so there is no need to find that one "emating from a penumbra."

Why not pick another example.

Justice Janice Rodgers Brown
 

The liberals have no faith in the electorate. they are elitists, not populists. They cannot win at the ballot box or by referendum so they must seek to impose their faux-intellectual elitism by judicial fiat. Thankfully the people are on to them.

Justice Janice Rodgers Brown
 

If this was truly the case, Roe would never have happened.

Justice Janice Rodgers Brown
 

I agree - it should be solved outside the courts. That ain't going to happen.

Some shit needs to be cleaned by the court. I trust them a hell of a lot more than the elected filth we send to office. The shit that runs my state shouldn't be licensed to run a rendering plant.

Justice Janice Rodgers Brown
 

I haven't picked it up yet. This is my brain on sober. Scared?

Justice Janice Rodgers Brown
 

Gawd. grow up. We're not playing.

Several of your examples have been taken care of because various state and fed legislatures and congresses agreed that these were priorities. When you get our elected reps together, they do tend to vote for things that make sense. (Not counting fucking Alaskan bridges.)

But, if we could only rely on the Cnstitution, then, no, I think your wrst-case nightmare comes true.

Thankfully, we have those legislative bodies, who do tend to reflect our mores and values.

But you can't simply give me some bullshit statement like "well, would it be right if we DIDN'T have a right to free sushi?!", and expect that to provide proof that our Constitution provides for sushi.

Justice Janice Rodgers Brown
 

The scary thing is, if they ever gave in and let the people decide it, they'd be on the winning side. That's why no real Republican wants Roe to be overturned.

Justice Janice Rodgers Brown
 

Actually the story was that the members of the Georgia legislature used this as a reason not to vote for the Bill of Rights. This occurred after the Constitution was accpeted and when the Bill of Rights was being sent to the state legislatures. This was the reason given for specifically voting against the Bill of Rights.

If people in the Georgia legislature were worried that if you list rights in the constitution that people will later assume that these are the only rights, isn't their fear being realized right now by the strict constructionists?

Justice Janice Rodgers Brown
 

You don't trust the legislature because you don't believe in representative democracy. You are an elitist. Unfortunately for you the majority and the consitution reject such arrogance.

Maybe all the intellectually elitist effette snobs should get together and live in one place and wow each other with their enlightened genius. Oh wait, they already have, its called the People's Socialist Republic of Berkeley. they have a colony outpost called Seattle.

Justice Janice Rodgers Brown
 

Will you say that after Bush selects three or four of them? Or is this only true with the current batch?

I'm prejudging you, I know, but I think I know the answer.

Justice Janice Rodgers Brown
 

Pick UP the wine, and relax some more . . .

(Still in the same place? 'Cuz i iwll be too . . .)

Justice Janice Rodgers Brown
 

I am an elitist. Most of this country is too stupid or too self interested to be allowed to vote. 40 million of them are waiting for a fucking rapture. Perfect, imperfect, whatever... if you toy with Roe and give that issue to the states, we are going to have a political nightmare on our hands.

I have faith that Bush is elitist enough to nominate his elitist buddy Gonzales to the Court to see to it that such a disaster doesn't happen.

BTW, I am not a liberal, Penske. I'm a life long GOP registered voter (recently switched to libertarian) who's split his vote all over the place. I'm part of the thinking portion of this country - the socially liberal fiscal conservatives. We're the sleeping giant, and you nuts on the fringes are pushing your luck. We will get a Chuck Hagel of Rudy Guiliani elected, and it will be soon. And that will be curtains for the Jesus Nazis and the Berkeley know it all pseudo-intellectuals.

I have been a member of the Federalist society for seventeen years (I was a student member). I have always been a strict constructionist. I especially hate the Miranda ruling and the exlusionary rule.

But until I saw that West Wing episode common law rights in the United States never occurred to me. If there were (and are) common law rights, then a court making up new rights is not so crazy. Especially the highest court in the land.

Does anyone know anything about common law rights in the United States?

Justice Janice Rodgers Brown
 

I disagree (and am not sure what you mean by real R). I think the majority in a majority of states are closer to what I think (i.e. some abortion rights but more limited than today) than they are to what the law is today. There are a handful of places that would have less regs than today and at least one that might ban it.

On other related issues, like parental notification, I think the tide would turn conservative.

Maybe I am wrong, but I would take that chance, if for no other reason than the entertainment value of watching the liberals go up in smoke when teh decision came down. Given our advanced ages Billmoore, we probably would be dead by the time there was a full resolution across the 50 states, but would have lived with a life time of chuckles over that melt down. Just think of Gloria Allred and Susan Estrich and the howl that would result.

Pinch me, Im dreamin!!

Justice Janice Rodgers Brown
 

Yes.

(You got me on the history. I thought you were coming from a much less informed place. Bad me.)

But the counter-argument back then was, still, that the list gave some certainty, and didn't leave us in the position of trying to read intent. I wish they did a fifty-page brief on what they meant.

(Mostly I wish that because I'm harmonious with what I think they meant. If I wanted more - "privacy"! - I'd wish we could prove they only meant ot lead by example. Evidence seems to go the other way, fortunately.)

As I recall George Mason refused to endorse the Bill of Rights and Jefferson was specifically irked by the exclusion of certain liberties.

That such parties were so concerned by the absence of certain words lends even more weight to the idea that their absence from the Constitution was deliberate.

Justice Janice Rodgers Brown
 

I am not a jesus nazi, I just have more respect for the freedoms and rights of all of the people of the country, even the babyjesi. I may be smarter than most, but that doesn not give me more rights. You are in the wrong country with that attitude because that's not what the consitution or BoR is about. No wonder you are able to find made up stuff in it, you are missing the whole point.

2.

Justice Janice Rodgers Brown
 

Georgia (and the other Southern states) were also, at the time, petrified of the notion of a strong centralized federal government - recall, the Jeffersonians wanted a loose knit of agrarian-centered states, a la the Articles of Confederation - so they were fully satisfied with the protections of the 10th Amendment.

True to some extent, but these were highly practical, empiricist guys. A "right to privacy"? Never woulda happened. But, I havta think that these guys sort of assumed that. "Don't tread on me" sort of implies "get out of my fucking bedroom", doesn't it? I think Tom J would have had a fit if the gov agents stopped him from screwing his mistress, or his cute little buddy down the street. Not the job of government, I picture Tom crying.