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	<title>Comments on: Jane Hamsher: Knee-Jerk Partisan</title>
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		<title>By: Mark</title>
		<link>http://informedspeculation.com/2006/02/21/jane-hamsher-knee-jerk-partisan/comment-page-1/#comment-13220</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Fri, 24 Feb 2006 04:24:09 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2006/02/21/jane-hamsher-knee-jerk-partisan/#comment-13220</guid>
		<description>Sure, Rove vs. Wade - that famous case about redistricting - that was what we were talking about, right?

In all seriousness (and I&#039;m not playing dumb here) - I&#039;m probably the wrong conservative to ask about the &#039;plan&#039;, as you put it - I&#039;m disgusted in equal proportions by the rabidly pro-life, and the rabidly pro-choice. It just ain&#039;t my favorite issue.

I&#039;m sure for some Alito supporters, that was the plan - maybe most.  Like I said, I don&#039;t know.  For me, it wasn&#039;t...but I&#039;ve laid out my position for you, and it&#039;s probably not pro-life enough for a lot of conservatives (though, like most conservatives, and I suspect quite a few liberals, I feel a visceral dislike of the procedure)...</description>
		<content:encoded><![CDATA[<p>Sure, Rove vs. Wade &#8211; that famous case about redistricting &#8211; that was what we were talking about, right?</p>
<p>In all seriousness (and I&#8217;m not playing dumb here) &#8211; I&#8217;m probably the wrong conservative to ask about the &#8216;plan&#8217;, as you put it &#8211; I&#8217;m disgusted in equal proportions by the rabidly pro-life, and the rabidly pro-choice. It just ain&#8217;t my favorite issue.</p>
<p>I&#8217;m sure for some Alito supporters, that was the plan &#8211; maybe most.  Like I said, I don&#8217;t know.  For me, it wasn&#8217;t&#8230;but I&#8217;ve laid out my position for you, and it&#8217;s probably not pro-life enough for a lot of conservatives (though, like most conservatives, and I suspect quite a few liberals, I feel a visceral dislike of the procedure)&#8230;</p>
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		<title>By: Jacques Distler</title>
		<link>http://informedspeculation.com/2006/02/21/jane-hamsher-knee-jerk-partisan/comment-page-1/#comment-13219</link>
		<dc:creator>Jacques Distler</dc:creator>
		<pubDate>Fri, 24 Feb 2006 03:33:32 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2006/02/21/jane-hamsher-knee-jerk-partisan/#comment-13219</guid>
		<description>&lt;blockquote&gt;I’ve always felt that, even if Rove WERE overturned, that the states would keep it legal, anyway -but I guess South Dakota challenges that assumption, eh?…&lt;/blockquote&gt;

Rove? An interesting slip...

For decades the States (the red States; no one expects New York or California to outlaw abortion any time soon) have had to content themselves with chipping away at the periphery of Roe: a parental notification requirement here, a two-week waiting period there ...

South Dakota is the first frontal assault on Roe. Now that the anti-Roe forces believe that they have the votes on the SCOTUS to overturn Roe, they have moved very quickly to put forward a case which directly challenged Roe&#039;s core findings.

If the South Dakota law is upheld, you&#039;ll see similar legislation in a dozen other States within months.

That was clearly &lt;em&gt;the plan&lt;/em&gt; wasn&#039;t it? That was &lt;em&gt;why&lt;/em&gt; this nomination was so hard-fought (on both sides).</description>
		<content:encoded><![CDATA[<blockquote><p>I’ve always felt that, even if Rove WERE overturned, that the states would keep it legal, anyway -but I guess South Dakota challenges that assumption, eh?…</p></blockquote>
<p>Rove? An interesting slip&#8230;</p>
<p>For decades the States (the red States; no one expects New York or California to outlaw abortion any time soon) have had to content themselves with chipping away at the periphery of Roe: a parental notification requirement here, a two-week waiting period there &#8230;</p>
<p>South Dakota is the first frontal assault on Roe. Now that the anti-Roe forces believe that they have the votes on the SCOTUS to overturn Roe, they have moved very quickly to put forward a case which directly challenged Roe&#8217;s core findings.</p>
<p>If the South Dakota law is upheld, you&#8217;ll see similar legislation in a dozen other States within months.</p>
<p>That was clearly <em>the plan</em> wasn&#8217;t it? That was <em>why</em> this nomination was so hard-fought (on both sides).</p>
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		<title>By: Mark</title>
		<link>http://informedspeculation.com/2006/02/21/jane-hamsher-knee-jerk-partisan/comment-page-1/#comment-13215</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Fri, 24 Feb 2006 00:49:47 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2006/02/21/jane-hamsher-knee-jerk-partisan/#comment-13215</guid>
		<description>Well, maybe...I guess I just feel that Roe is such an established fact, and such a can of worms, that they&#039;ll find some way to weasel out of a complete &#039;overthrow&#039;...

I&#039;ve always felt that, even if Rove WERE overturned, that the states would keep it legal, anyway -but I guess South Dakota challenges that assumption, eh?...

My own feeling, that I&#039;ve stated before, is that I&#039;d just as soon have it legal, but heavily restricted...I know that makes me a neanderthal is some quarters, but that&#039;s my story and I&#039;m sticking to it...</description>
		<content:encoded><![CDATA[<p>Well, maybe&#8230;I guess I just feel that Roe is such an established fact, and such a can of worms, that they&#8217;ll find some way to weasel out of a complete &#8216;overthrow&#8217;&#8230;</p>
<p>I&#8217;ve always felt that, even if Rove WERE overturned, that the states would keep it legal, anyway -but I guess South Dakota challenges that assumption, eh?&#8230;</p>
<p>My own feeling, that I&#8217;ve stated before, is that I&#8217;d just as soon have it legal, but heavily restricted&#8230;I know that makes me a neanderthal is some quarters, but that&#8217;s my story and I&#8217;m sticking to it&#8230;</p>
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		<title>By: Jacques Distler</title>
		<link>http://informedspeculation.com/2006/02/21/jane-hamsher-knee-jerk-partisan/comment-page-1/#comment-13211</link>
		<dc:creator>Jacques Distler</dc:creator>
		<pubDate>Thu, 23 Feb 2006 23:02:13 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2006/02/21/jane-hamsher-knee-jerk-partisan/#comment-13211</guid>
		<description>&lt;blockquote&gt;I’m trying to be a realist here...&lt;/blockquote&gt;

So am I.

The South Dakota law is sure to come before the Supreme Court. And I would be &lt;em&gt;very surprised&lt;/em&gt;, were Alito to vote to strike it down. The only question is whether he has 4 other like-minded votes.

I&#039;m not sure, but I think he does ...</description>
		<content:encoded><![CDATA[<blockquote><p>I’m trying to be a realist here&#8230;</p></blockquote>
<p>So am I.</p>
<p>The South Dakota law is sure to come before the Supreme Court. And I would be <em>very surprised</em>, were Alito to vote to strike it down. The only question is whether he has 4 other like-minded votes.</p>
<p>I&#8217;m not sure, but I think he does &#8230;</p>
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		<title>By: Mark</title>
		<link>http://informedspeculation.com/2006/02/21/jane-hamsher-knee-jerk-partisan/comment-page-1/#comment-13208</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Thu, 23 Feb 2006 22:27:38 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2006/02/21/jane-hamsher-knee-jerk-partisan/#comment-13208</guid>
		<description>Here, I&#039;ll be more blunt - I think most strict constructionists &#039;evolve&#039; once they get on the job...in other words, the performance doesn&#039;t meet the intention...

Sort of like how Congressmen who campaign against corruption seem to lose their appetite for reform once elected...

I&#039;m trying to be a realist here, and not an idealist...</description>
		<content:encoded><![CDATA[<p>Here, I&#8217;ll be more blunt &#8211; I think most strict constructionists &#8216;evolve&#8217; once they get on the job&#8230;in other words, the performance doesn&#8217;t meet the intention&#8230;</p>
<p>Sort of like how Congressmen who campaign against corruption seem to lose their appetite for reform once elected&#8230;</p>
<p>I&#8217;m trying to be a realist here, and not an idealist&#8230;</p>
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		<title>By: Jacques Distler</title>
		<link>http://informedspeculation.com/2006/02/21/jane-hamsher-knee-jerk-partisan/comment-page-1/#comment-13207</link>
		<dc:creator>Jacques Distler</dc:creator>
		<pubDate>Thu, 23 Feb 2006 22:11:46 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2006/02/21/jane-hamsher-knee-jerk-partisan/#comment-13207</guid>
		<description>&lt;blockquote&gt;[I]t’s kind of the basis for the whole school of thought that the Constitution is a living document, isn’t it?&lt;/blockquote&gt;

A school of thought which, I had been given to understand, was staunchly-opposed by conservatives such as yourself. Weren&#039;t we supposed to be appointing strict-constructionists/originalists to the bench?

&lt;blockquote&gt;[T]he invention of the right to privacy to rule in Roe being a perfect example.&lt;/blockquote&gt;

Exactly. Weren&#039;t these conservative appointments supposed to bring to an end the practice of Justices &quot;inventing&quot; constitutional rights not in the text of the Constitution? Wasn&#039;t that the whole point?

You&#039;ll forgive me for being a little confused.</description>
		<content:encoded><![CDATA[<blockquote><p>[I]t’s kind of the basis for the whole school of thought that the Constitution is a living document, isn’t it?</p></blockquote>
<p>A school of thought which, I had been given to understand, was staunchly-opposed by conservatives such as yourself. Weren&#8217;t we supposed to be appointing strict-constructionists/originalists to the bench?</p>
<blockquote><p>[T]he invention of the right to privacy to rule in Roe being a perfect example.</p></blockquote>
<p>Exactly. Weren&#8217;t these conservative appointments supposed to bring to an end the practice of Justices &#8220;inventing&#8221; constitutional rights not in the text of the Constitution? Wasn&#8217;t that the whole point?</p>
<p>You&#8217;ll forgive me for being a little confused.</p>
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		<title>By: Mark</title>
		<link>http://informedspeculation.com/2006/02/21/jane-hamsher-knee-jerk-partisan/comment-page-1/#comment-13204</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Thu, 23 Feb 2006 21:54:16 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2006/02/21/jane-hamsher-knee-jerk-partisan/#comment-13204</guid>
		<description>I think in areas of broad concern, the justices, over time, usually find a way to get  areas of overwhelming societal consensus into their decisions - the invention of the right to privacy to rule in Roe being a perfect example.  It may not be right, and the justices will probably deny it, but it&#039;s kind of the basis for the whole school of thought that the Constitution is a living document, isn&#039;t it?

I know that doesn&#039;t fit with the strict-constructionist viewpoint, but I think it probably fits the reality...</description>
		<content:encoded><![CDATA[<p>I think in areas of broad concern, the justices, over time, usually find a way to get  areas of overwhelming societal consensus into their decisions &#8211; the invention of the right to privacy to rule in Roe being a perfect example.  It may not be right, and the justices will probably deny it, but it&#8217;s kind of the basis for the whole school of thought that the Constitution is a living document, isn&#8217;t it?</p>
<p>I know that doesn&#8217;t fit with the strict-constructionist viewpoint, but I think it probably fits the reality&#8230;</p>
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		<title>By: Jacques Distler</title>
		<link>http://informedspeculation.com/2006/02/21/jane-hamsher-knee-jerk-partisan/comment-page-1/#comment-13203</link>
		<dc:creator>Jacques Distler</dc:creator>
		<pubDate>Thu, 23 Feb 2006 20:55:14 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2006/02/21/jane-hamsher-knee-jerk-partisan/#comment-13203</guid>
		<description>I have no idea why you think the latest poll numbers will figure (or ought to figure) into the deliberations of the Justices (particularly, originalist or strict-constructionist ones).

Do you really think Alito, given the opportunity to rule on the South Dakota law, will vote to uphold Roe? If so, I think you are the only Alito supporter who believes that.</description>
		<content:encoded><![CDATA[<p>I have no idea why you think the latest poll numbers will figure (or ought to figure) into the deliberations of the Justices (particularly, originalist or strict-constructionist ones).</p>
<p>Do you really think Alito, given the opportunity to rule on the South Dakota law, will vote to uphold Roe? If so, I think you are the only Alito supporter who believes that.</p>
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		<title>By: Mark</title>
		<link>http://informedspeculation.com/2006/02/21/jane-hamsher-knee-jerk-partisan/comment-page-1/#comment-13202</link>
		<dc:creator>Mark</dc:creator>
		<pubDate>Thu, 23 Feb 2006 20:47:28 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2006/02/21/jane-hamsher-knee-jerk-partisan/#comment-13202</guid>
		<description>Actually, I quite doubt that the current court would revoke Roe v. Wade, much less at the earliest opportunity.  The case before the court is indeed only about partial-birth abortions, and if Roe DOES get overturned, it will be in no small part because people like Jane refuse to give any ground on even the remotest hint of a restriction on abortions.  

The indisputable fact is that the American people overwhelmingly support an end to partial-birth abortions, and (by a much narrower margin) tend to support the continuation of Roe...and I think that&#039;s the way the court will eventually decide...</description>
		<content:encoded><![CDATA[<p>Actually, I quite doubt that the current court would revoke Roe v. Wade, much less at the earliest opportunity.  The case before the court is indeed only about partial-birth abortions, and if Roe DOES get overturned, it will be in no small part because people like Jane refuse to give any ground on even the remotest hint of a restriction on abortions.  </p>
<p>The indisputable fact is that the American people overwhelmingly support an end to partial-birth abortions, and (by a much narrower margin) tend to support the continuation of Roe&#8230;and I think that&#8217;s the way the court will eventually decide&#8230;</p>
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		<title>By: Jacques Distler</title>
		<link>http://informedspeculation.com/2006/02/21/jane-hamsher-knee-jerk-partisan/comment-page-1/#comment-13200</link>
		<dc:creator>Jacques Distler</dc:creator>
		<pubDate>Thu, 23 Feb 2006 20:32:12 +0000</pubDate>
		<guid isPermaLink="false">http://decision08.net/2006/02/21/jane-hamsher-knee-jerk-partisan/#comment-13200</guid>
		<description>Oh, yeah, it&#039;s just about &quot;partial-birth&quot; abortions.

Alito was nominated to the SCOTUS, with the express idea that he (along with new &quot;conservative majority&quot; on the Court) would vote to overturn Roe-vs-Wade at the earliest opportunity. Is there a shred of doubt (among either his supporters or his opponents) that he will do so?

This particular case may end up being decided narrowly (absence of a &quot;health of the mother&quot; exception is just fine). But there are other cases &lt;a href=&quot;http://www.nytimes.com/2006/02/23/national/23dakota.html?ex=1298350800&amp;en=ebbfe542ca2240d6&amp;ei=5090&amp;partner=rssuserland&amp;emc=rss&quot; rel=&quot;nofollow&quot;&gt;on the way&lt;/a&gt;. Jane is right to be alarmed (though I&#039;m not sure I agree with her tactics).</description>
		<content:encoded><![CDATA[<p>Oh, yeah, it&#8217;s just about &#8220;partial-birth&#8221; abortions.</p>
<p>Alito was nominated to the SCOTUS, with the express idea that he (along with new &#8220;conservative majority&#8221; on the Court) would vote to overturn Roe-vs-Wade at the earliest opportunity. Is there a shred of doubt (among either his supporters or his opponents) that he will do so?</p>
<p>This particular case may end up being decided narrowly (absence of a &#8220;health of the mother&#8221; exception is just fine). But there are other cases <a href="http://www.nytimes.com/2006/02/23/national/23dakota.html?ex=1298350800&amp;en=ebbfe542ca2240d6&amp;ei=5090&amp;partner=rssuserland&amp;emc=rss" rel="nofollow">on the way</a>. Jane is right to be alarmed (though I&#8217;m not sure I agree with her tactics).</p>
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