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The Battle Lines

2nd July 2005

The Battle Lines

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THE BATTLE LINES

     Sandra Day O'Connor has stepped down from the US Supreme Court, and the battle lines are forming for the major hassle over a replacement. The White House is currently mulling over the potential nominees, while the Democrats are ready to pounce on whomever it may be with the intent to destroy the person (persons) publicly. Get used to the term  — “right wing extreminst ideologue”. Teddy K and Joe Biden are rehearsing right now.

     George Bush has made it known that he intends to nominate a strict constructionist  — not a judicial activist who is willing and interested in putting a new spin on the Constitution. Ms. O'Connor has been regarded as a “swing” vote for the past 20+ years, so both the Rs and Ds have a lot at stake in this apppointment. It will be interesting to see how long the “compromise” over last month's appointments to the Courts of Appeal will hold  –  and whether the Dems decide to dust off their filibuster tactics (by whatever name)  again.

     Lots of issues are at stake, but the bottom line is “choice” in abortion. The rest of the party line left wing/right wing issues pale into insignificance by comparison. Roe v Wade was a judicial ruling that legalized abortion nationwide. Legalized abortion is not a Constitutional “right”; rather, it is a ruling by a vote of 9 USSC Justices. Thus, it is always subject to being overturned by a court majority  — and  that is the Democrats' worst nightmare.Thus the pro-choice supporters of abortion are already manning the battle stations and the propaganda pieces are already flying.

    Chief Justice Rhenquist was expected to be the 1st Justice to step down (health) but O'Connor beat him to it. Even so, Mr Rhenquist's days on the Court are numbered. Considering the ever present wheeling and dealing in Washington, it is possible that a deal might be in the offing. The Democrats for example might offer (sub-rosa) an even swap  — we give you one now (O'Conner) and when Renquist steps down, we get our pick. Far-fetched??  You never know.

     But in any event, the network news and talk shows will have a field day reporting and analyzing  the latest details on the life and times of the nominee. I hope he/she has nerves of steel amd the hide of a rhinoceros. Both attibutes may be needed. The precedent was set by the Democrats' treatment of Judge Robert Bork a few years ago  — a thoroughly despicable treatment of an eminently qualified jurist  that gave rise to the term “Borking”. When the character assassination begins, we might all remember that term.

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