Tuesday, January 31, 2006

A response to my single commenter

Although I know that there are others out there who read my blog, only one person ever responds, and that is usually after I've baited him in some way, whether intentionally or unintentionally.

Had dinner with Clay and the families and he immediately mentioned that I must have been a busy boy today as I never blogged anything. No conference calls today and I have a major project due in 1 week, so blogging had to take a back seat.

However, he now has my kid at a basketball game, the wife is busy working and I have some free time. I'm going to see how quickly I can respond to this since SOTU comes up in an hour. Not planning on live blogging it necessarily, but I'm sure I'll be watching it from my office, just in case W. says something that pisses me off...which he probably will.

Here goes.

"OK you finally baited me...

1. The Alito victory was inevitable unfortunately it puts Roe v Wade at risk. I am pro privacy rights. Perhap Roe v Wade is not the most cleasrly written text but it does uphold this."

"Roe v. Wade" not being clearly written is, in my opinion, an understatement. It was a decision based on a "right" that the Supreme Court, essentially, made up. I don't for a second believe that the "right-to-privacy" is so broad as to encompass a "right-to-abortion". A much narrower interpretation of "right-to-privacy" should allow me to be able to grow a little "Sticky Purple Punch" in my basement, for my own personal consumption, without it being a criminal trespass.

In addition, it doesn't stand on equal protection grounds because it provides a superior level of protection to the mother than to the father or, of course, the child itself.

Finally, it gutted the sovereign right of the state to legislate according to its community standards and values. That's where my biggest problem is with this. It's not that I'm a staunch anti-abortion wing-nut. In fact, my thoughts on abortion are probably a little more liberal than you might imagine.

I'm absolutely pro-privacy rights (albeit with some caveats I've discussed previously as it regards the NSA issue). This just doesn't rise to the level..

"My issue with the right is simply this. You oppose abortion and anything but abstiance based education but contunually attack, cut, and under fund program which often effect these children (of unwanted pregnancies.)"

Agreed. The Right's view of abstinence-only education is unrealistic. However, the left's opinion that we should have a bucket of Trojans in every Jr. High and High School nurses office is not the best option either. I am all for coming up with a common sense approach to sex-ed. Unfortunately, I have no clue what that would be.

Fortunately, I don't think I'm going to have to worry much about what my daughter is being told in school. My family's track-record on sex-ed leaves a bit to be desired, so my intention is to make certain that my wife and I have already addressed the subject well before it becomes a part of her curriculum.

"Additionally, the new justice will want to expand executive authority. Completely in contrary to the found fathers intentions and the strict reading of the constitution that the right claims to want."

Ah...the "Unitary Executive" talking point.

Alito's opinions map back to his time as White House Counsel for Ronald Reagan. The "smoking gun" consists (mostly) of some opinions he wrote when he was being paid to figure out a way to bolster the President's argument. An attorney's job is to find support for their client whether they agree with the client or not.

In fact, the timing of your comment and my response is...well... "timely". Part of my day today was taken up addressing an attorney and his ludicrous opinion.

I reached a settlement on an issue with a client, drafted an agreement to memorialize that settlement and got a response back from his attorney. Of the 7 points he raised, 3 of them caused me to shake my head and ask, "Is this guy f*$$ing serious? There is no way in hell I'm agreeing to this!" In all honestly, I don't believe he ever thought I would accept his terms. Can't fault him for tossing them out, though. His client would expect no less.

Beyond that, I'm going to table this one for now. I have some thoughts about the Unitary Executive Theory and it's Constitutionality, but it would take me another 2 hours and 10 pages to go into it.

"I do agree the confirmation hearings are a waste of time. We should just vote. Alito may not have lied but his not lying was = to what the republicans impeached Clinton on.Using the judges definition he did not have sex as the judge excluded oral sex. Was it a stretch yep...Alito "well em never thought about an abortion case that might overturn Roe." BS!!!"

I don't recall Alito saying he'd never thought about an abortion case which might overturn Roe. In fact, I specifically recall him being very cautious in his responses to abortion related questions on the grounds of him not wanting to comment on issues which may come before him as a Supreme Court Justice (read: he ducked them). He was right to do so. As recently as two weeks ago, a pretty significant abortion case came before SCOTUS and they remanded it to the lower court. Abortion-related cases will likely make their way to him throughout his tenure.

"2. Commander and chief was very poorly written bad TV nothing more or less.

3. I am curious about the concern the right has about Hillary. If she is as weak as they claim why wouldn't they love to see her run. My opinion is that the right knows seshe is an intellegent, well spoken, quick witted woman who could reach over and grab the slim margain the right may have."

The Right doesn't believe she's weak...I certainly don't. The Right just doesn't feel that her beliefs are in-line with their own.

Whether or not this is valid is, of course, subjective, but I decided I didn't like Hillary back in 1993 when she came up with the universal health care plan. Taking a significant portion of the US economy and putting it under government control is, for lack of a better word, frightening. To date, she's done nothing that would change my opinion of her.

She IS intelligent, well-spoken (unless she's addressing a mostly black audience on MLK day) and quick-witted. Could she reach across the aisle and grab the slim margin the Right may have? Absolutely not. Lieberman would be a much greater threat than Hillary on that.

However, I don't think Lieberman has any greater a chance at the presidency as Hillary...and for, essentially, the same reason. As long as the Middle East is as unstable as it is now (and has been for the past 60 years), I don't see a woman or a Jew in the Oval Office.

"4. When the founding fathers found the country the had no clue as to the massive chsnges the future would bring. The beauty of the Constitution is that it is a living document which will continue to change in the future as our world changes. "

Agreed that the Founding Fathers had no clue as to what the future would bring, but I don't believe that they envisioned the Constitution as a "living document." I tend to agree with the opinion that "The "living constitution" is just a fancy phrase for "making it up as you go along.""

I'm actually going to let Jonah Goldberg do the speaking on this one (as long as you don't mind the Republican propaganda!). Here too.

I tend to side with him on this issue.

Gotta go. The President has just been announced and I want to see how long it takes before Cynthia McKinney lays a big wet kiss on him.

1 Comments:

Blogger ClayGunter said...

Oh the ammunition.

1. R v W. First, there is material out there that teaches both abstinance and safe sex. But the right keeps it on the shelf. Additionally, the right loves the unborn until its born and then if its born to a poor family then well bad luck for it. Don't believe me see the budget of the republicans since they took control. Social programs for children have taken HUGE hits. Including such little things as immunizations, feeding programs, and state grant funding for Dfacs.

Finally, it is silly to discuss Father right or the rights of the unborn. It is a woman's body. And after witnessing pregnancy and child birth I wouldn't force that on anyone. ;)

2. I loved Hillary because of Health Care coverage. I can't get medicine or surgery I need because of the insurance I am forced to carry. The company chooses who lives or dies who lives pain free or suffers. My grandfather a WWII vet who worked hard for 40+ years has no medication coveraged. My mom and dad both have specific medications that work inspite of other meds attempted but as these arew not covered its out of pocket inspite of insurance and there premiums. Several student I teach have one medication theat works for ADD but of course since its not on the formulary they either deal with bad side effects or suffer academically. Government Health Care as an option for folks is required to truly make private companies competitive.

3. AHH yes it's not living dead. Add that to the second amendment. Only Guns for a militia. Don't give me the right to bear arms. Or a national No Child Left Behind education act that says I am not qualified to teach computers without a few more expensive tests. All documents are living if used. As Luther who you mentioned in a previous blog began and whose ideas continue to this day reformata, semper reformanda.

4. I am tired and thus rambling.

The faithful minority opposition

Tuesday, January 31, 2006 10:24:00 PM  

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