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yes... dkos had a diary: what do 7 states know that specter doesn't?


Lance, this is a well written piece that was beneficial to all of us. You make a valid argument for exactly what IS going on in Washington. What distubs me most is that statement you made about the pro-choice folks living in the blue states. The country is deeply divided and the last time we saw this kind of dissention the civil war was taking place. I see little differnce between red and blue and north and south and racist and free society. History is doomed to repeat itself without intervention.

What disturbs me most in the separation is the folks that say they want big gov't out of the way and defend their gun owning rights, are the same folks who love to pull big gov't into everything and make laws left and right to stop others from everything except hate and gun ownership. This deep hatred of others and losing power is the problem at the core and one wonders when and where their quest for total control will stop.

Thank you for your eloquent piece and sharing our concerns!


According to a post the other day on the Broadsheet blog at Salon, illegal abortions are already on the rise. Back in December I read that the two or three doctors who perform abortions in North Dakota are flown in from Minnesota. There is a case (Carhart v. Gonzales) that could come before the Supreme Court about Bush's federal ban on abortions as early as 12-15 weeks. The chipping has already begun. I'm afraid, though, that the other side's chisel just got bigger.


From this article in today's NYT:

There is no case on the horizon, however, that attacks the core holding of Roe v. Wade, the 1973 decision that found a constitutional right to abortion. Nor does it seem that Justice Alito would play a determinative role in such a case in any event, given what is known about the other justices' views. The court's line-up had stood at 6 to 3 in favor of fundamental abortion rights before the death of Chief Justice William H. Rehnquist and the retirement of Justice O'Connor.

Since Chief Justice Rehnquist was in the minority, his replacement by Chief Justice Roberts would not alter the balance if the new chief justice opposed abortion rights. Unless someone switches sides, then, Justice Alito could do no more than add a fourth dissenting vote.

However, there are several states which have laws on the books waiting to go if Roe is overturned, as cited above.


Lance, I heard on NPR the other day that the Republicans have been moving cases forward as soon as the Alito Confirmation process started, so they could have Roe turned over as soon as possible. Personally I think the Democrats just took one of the greatest gambles in political history. They were faced with a grossly apathetic electorate that has been unwilling to really pour on the support to maintaining the status quo. Entire generations of people have grown up never knowing what Roe, Griswold, Brown, or any of the other important cases are about. They assume that this is the way it's always been and they don't care about what those cases mean for their lives. My theory is that the Democrats let this happen to create the kind of grassroots support that they've been lacking for years from the public. 93% of the the women that are interested in having birth control have it in this country. When the radical Republican justices start taking away those assumed "rights" suddenly there will be a rebirth of interest in preserving those rights, creating laws to preserve those rights, and electing Democrats to preserve those rights. But right now they don't really care and they've elected Republicans for the promise of security that they haven't gotten. So what we will likely see is a shift the radical right will kick back and watch our rights stolen from us, while the apathetic majority will suddenly awaken and try to save our country.

I think it's a massive gamble they've taken. It assumes that people want freedom instead of slavery. And given how asleep most people have been for so long in this country, I'm not convinced that it was a safe bet.


For what it's worth, Scott Limieux posted this earlier this morning.


Scott Lemieux

Lance--great stuff. In terms of cases, I have a post about that today--the federal "partial birth" ban is likely to come before the Supremes soon, and that can be used to gut Roe right away...

harry near indy

and if roe vs wade is overturned, look for legislatures all over the u.s. to act or not to make contraception illegal.


Found at Alternet: Top Ten Reasons Democrats lost the Alito fight.

It reads like a script.


Is there an opening for Alito and the gang to overturn or severely limit Roe this term?

This response is from someone with no problem having Alito on the Supreme Court:

Do not be surprised if Alito sometimes confounds conservatives by facing an issue and deciding it on the basis of established law, not right-wing ideology. The impression I got from the hearings was that specific, settled legal principles would be his guiding force, the most important aspect in his mind in deciding a case. Don't be surprised if he upholds lower court rulings on either side of the fence because that's usually what happens and he seems to think that lower court judges should be shown deference. I truly believe he will choose not to legislate from the bench whatever outcome the Right wants to occur.

Re: your question. I don't believe it will happen this term.

CTC Jackie says hi.

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