Monday, January 16, 2006

Settled law?

By the way, since I'm discussing stuff at a ranting pace, I'd like to know what the hell Ted Kennedy and Diane Feinstein are talking about when discussing Roe vs. Wade as "settled law". Besides the fact that Samual Alito's Senate confirmation was a huge dog and pony show to show idiot partisan support (same with Roberts), this term "settled law" keeps coming up. Last I remembered, the Senate's job in deciding judges is "advice and consent", meaning that the Senate makes sure the judge has somewhat of a moderate position on judicial issues. This doesn't mean that the Senate brings the circus into committee and slam the Presidential nomination to pieces. Oh, and let's remember that one of the perks of an election is nominating Supreme Court judges.

As for Roe vs. Wade, let me explain two things.

First, the concept of "settled law" is crap. Any law can be overturned if the Supreme Court finds that the Constitutional grounds are there. Plessy vs. Ferguson was law for decades and no matter how much Monday Morning Quarterbacking you want to do, that is fact. When the Court found a Constitutional problem with the case, it was overturned with the Brown Case in 1954. Roe vs. Wade is not an untouchable case, no matter what the Democratic leadership wants you to think.

Second, Roe vs. Wade isn't going anywhere, anytime soon. I find it interesting that pro-choice groups get in such a tiff when states start discussing age restrictions for minors and abortions, giving idiotic reasons like "what if the father rapes his daughter" excuses. Let's be honest, the vast, vast majority of girls are not getting abortions because Dad raped them, and most laws that restrict abortions for minors have exemptions for situations like these. Then pro-choice groups scream that Roe vs. Wade is crumbling before the eyes of the nation because laws are being adjusted like they are supposed to be, away from the extreme. You don't think Roe vs. Wade is too vague? Well, I don't think it appropriate for a 15 year old to need parent permission to get a tattoo, but not need it for outpatient surgery. And I'm pro-choice, by the way. Not that it matters in the long run, at least here in California. Let's say that the Doomsday Scenario comes (the end of Roe vs. Wade) and the states regain the power to decide abortion laws. California is never going to make abortion illegal. In fact, I couldn't see most states making abortion totally illegal because the country still wants that option around. However, I could see restrictions on abortion from a few states, mainly regarding frequency and age limits. But just remember, even your Freedom of Speech has restrictions, so stop freaking out.

Thanks to "Going to the Mat" for starting me on this rant.
blog comments powered by Disqus