Tuesday, January 24, 2006

Funny isn't it,

how liberals have discovered that Sandra Day O'Connor was really a great pick after all?

I just wish that every SCOTUS justice had to repeat every day that their job is to keep the law on keel and stay out of policymaking. When they start thinking they're supposed to settle every great policy debate, they need to remember that debates are what democracy is all about. Settling things by decree is what dictators do.

What the left aren't acknowledging is that, if Roberts and Alito were to vote to overrule Roe, it wouldn't be to impose a constitutional prohibition on abortion. The debate would continue. Some states would allow abortions. Some would prohibit them. But remember that this nation was founded on an unresolvable debate over whether some people could be counted as 3/5 of a person and could be the property of others. Ultimately it was the states and the people who resolved that issue by bloodshed.

Nearly every state today has laws against treating dogs and cats the way people used to use Negroes. So the idea that a baby in the womb is of less worth than a dog or a cat or a slave, really bothers me. But I believe in the principle that when the voice of the people choses that which is evil, they will suffer the judgments of God.
The debate needs to keep going on the political level. Attempts by courts to settle it by fiat do no good and only serve to make the debate more angry and bitter.

The law of this nation is the law of a republic, literally a thing of the people. It must always remain so, subject to principles stated in the Constitution. The Constitution is elastic, but it is not living. It's basic principle is the eternal shifting balance between the will of the majority and the rights of the minority. However, we should not be confused by the sophistry that abortion is a right of the woman and that an embryonic person has no rights. Essentially pro-abortion advocates see pregnancy as a kind of slavery for women. Anti-abortion advocates see it as essential to the life of society and see those fetuses as incipient citizens with rights. We should be able to work out a compromise, which I think would be possible without the meddling of the Supreme Court.

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