Supreme Court archives

David Souter’s conscience

Book says Souter mulled resignation after Bush v. Gore.

In “The Nine,” which goes on sale Sept. 18, Toobin writes that while the other justices tried to put the case behind them, vid Souter alone was shattered,” at times weeping when he thought of the case. “For many months, it was not at all clear whether he would remain as a justice,” Toobin continues. “That the Court met in a city he loathed made the decision even harder. At the urging of a handful of close friends, he decided to stay on, but his attitude toward the Court was never the same.”

What happened in those deliberations?

Now that the Supreme Court has thrown reproductive rights to the political wolves….

...it's time to push back the regressive forces in Congress. Support the Freedom of Choice Act.

Step 1:
Join NARAL Pro-Choice America in our National Call-In Day to Support the Freedom of Choice Act
- Wednesday, April 25
- Call 202-224-3121 and ask to be connected to both of your senators and your representative
- Use the following script:
“Please cosponsor the Freedom of Choice Act (H.R.1964/S.1173) to codify Roe v. Wade and guarantee the right to choose for future generations of women.”
- Click on the link [on the page linked above] to find out what other organizations are participating.

Step 2:
Fill out the form [on the page linked above] to urge your members of Congress to sign on as cosponsors, and then forward this action to your friends.

Who's involved?

NARAL Pro-Choice America is co-sponsoring the national call-in day with the following coalition partners:
Planned Parenthood Federation of America
Advocates for Youth
Alliance for Justice
American Association of University Women
American Civil Liberties Union
Catholics for a Free Choice
Center for American Progress Action Fund
Choice USA
Feminist Majority Foundation
Law Students for Choice
Medical Students for Choice
National Abortion Federation
National Asian Pacific American Women’s Forum
National Council of Jewish Women
National Council of Women’s Organizations
National Family Planning and Reproductive Health Association
National Latina Institute for Reproductive Health
National Organization for Women
National Women’s Law Center
People for the American Way
Religious Coalition for Reproductive Choice
Reproductive Health Technologies Project
Sexuality Information and Education Council of the United States
Sistersong Women of Color Reproductive Health Collective

The pro-choice community is working to guarantee the right to choose through the Freedom of Choice Act (FOCA). 

  • FOCA will restore the reproductive rights recognized under the vision expressed in 1973 in Roe v. Wade and Doe v. Bolton, before anti-choice legislators and courts chipped away at these rights. 
  • FOCA will secure the right to choose by establishing a federal law that will guarantee reproductive freedom for future generations of American women.  This guarantee will protect women’s rights even if President Bush and his allies are successful in reversing Roe v. Wade or imposing even more restrictions on our right to choose.

Click here to learn more about President Bush's Federal Abortion Ban and the Supreme Court's recent decision.

This is going to be a long battle in the war to establish and defend women's rights. I'm under no illusion that the current Congress, what with forced-pregnancy advocates sitting on both sides of the aisle, will pass this legislation, but showing support is a first step towards getting our elected officials to realize that the vast majority of Americans don't want the government controlling family planning.

With the Supreme Court targeting Roe, where shall progressives draw the line? (Will they draw any line?)

Russell Shaw calls for progressives to unite around whatever Democratic Party nominee for president:

I look at this past week's 5-4 Supreme Court vote against "partial birth abortion." Then I hold up the ages of liberal Justices John Paul Stevens (87), and an increasingly feeble Ruth Bader Ginsburg (74) against the actuarial tables.

I just pray these two are able to serve on the Court until that hopefully blessed morning of January 20, 2009.

At Noon on that day, a Democrat will- from my mouse to the Goddess' ears- take the Oath.

I'd love for the oath-taker to be Al Gore, or John Edwards, or Bill Richardson. But if it comes down to saving Roe, I'd settle for Hillary. With more campaign funds than her Democratic opponents, her nomination is likely. I can see where Obama will fade, Edwards may need to drop out, and Gore will stay out.

At this point in time, though, I can see a scenario that causes ideological purists on our side of the fence to do something stupid that will cause Hillary to fall short, and thus, pave the path for another anti-choice, Justice-appointng [sic] Republican to get into the White House.

Despite the fact that Russell Shaw is echoing radical right-wing (as well as Markos Moulitsas) talking points about "ideological purity" -- a Rovian expression if I ever heard one -- I can see his point. Just this morning, I was thinking about how any of the top four -- Obama, Edwards, Richardson or even Clinton -- would get my vote. And while I know not nearly enough to choose any one above the others, at this point, my sense is that one of them would suffice for me come November next year.

Making that decision so much easier is the fact that the Republicans have so far offered up boobs, bigots and bobbies. Given the radical and, yes, misogynist and, yes again, racist and, yes, obviously, homophobic values at the core of the right wing, I don't see myself voting for any Republican for president any time soon. Add in their modern penchant for fascistic governmental control over individuals -- making the phrase "the party of Goldwater" an oxymoronic joke -- and I don't see myself voting Republican in my lifetime.

However, Congress is a different matter. Do we continue to vote for pro-forced-pregnancy Democrats? How do we, as progressives, in good conscience cast our lot with men (yes once more, I'm afraid) who consider women's right to privacy to be non-existent, women's medical choices to be controlled by politicians, women's health to be a distraction, women's lives to be important only when not distracting from other interests, and women's bodies to be, ultimately, Property of the U.S. Government?

I wonder how many Democratic and independent voters even realize that their Democratic Senator(s) and/or Representative is an advocate of forced pregnancy.

The question is pertinent right now, pre-primaries, while we look at what kind of future we want to forge in the can't-come-soon-enough post-Bush America. Now is the time to ask the questions. Now is the time to choose. Now is the time to push for the progressives that will defend privacy and equal rights and civil rights and human rights for everyone, not just the ruling men who look upon the rest of us as "peasants."

It's not an easy thing, when the Democratic Party, whose vague favoring of progressive values stands out like a monument to all things noble and just when compared with the venal depravity that describes the power centers of the GOP, has such a slim and weak hold upon Congress.

It's all the more difficult when you consider that men claiming progressive values have historically dismissed our alarms about the Handmaid trends happening in our politics -- our politics. And it sure as heck doesn't help that ignorance and willful ignorance on the part of ostensibly well-intentioned men when it comes to issues women face continue.

The demographics are with us, though. More GOP seats in the Senate are up for election next year. Americans in general are suspicious of an overly invasive Government. And, while meaningful statistics are lacking (at least from what I can tell), based on anecdotal evidence there are quite a number of so-called "pro-life" Americans who oppose abortion until the issue comes home to roost in their own families, in their own lives.

So what's it going to be, boys? When you throw women's lives into the mix, does women's equality count as "important shit"?

Supreme Court declares the uterus is property of the government

Well they did it: The conservative men of the Supreme Court declared that the State has the right to control women's wombs, thus rendering women officially as second-class citizens with fewer rights than men, and even fewer rights than non-persons.

I really don't know what to say, except that if men had to bear the pregnancy burden, there would be no such debate today.

People will look back at this decade as the era when the United States turned to darkness. Iraq, torture, raiding the taxpayer coffers for corporate profit, unprecedented deficits, refusal to acknowledge global warming (let alone do anything about it), and now this.

"Today's decision is alarming," Ginsburg wrote for the minority. "It tolerates, indeed applauds, federal intervention to ban nationwide a procedure found necessary and proper in certain cases by the American College of Obstetricians and Gynecologists....And, for the first time since Roe, the Court blesses a prohibition with no exception safeguarding a woman's health."

Bucking Markos' insistence that reproductive rights are not part of the "important shit," McJoan writes on Kos:

This decision throws basic abortion rights into question, which in turn brings the right to choose to the forefront of 2008, when Democrats again are going to have to make supporting the right to choose a litmus test, and where we're going to have to fight hard in the primaries for truly progressive candidates who will make protecting the right to make our own medical decisions paramount.

- READ MORE -

Michael Crichton: Still Wrong About Global Warming, But Right About Weird-Ass Gene Patents

I just got back from Michael Crichton's dog-and-pony show at the National Press Club. He was there to chat about his latest drop --Next. Yet, a great deal of his presentation, and subsequent audience curiousity, dealt with his views on global warming.

Shorter Crichton: I went to Harvard Med School and the only predictive science that counts is mine. Did I mention I went to Harvard Med? That's right, fucking Harvard. You uneducated, pseudo-science-potboiler-buying proles! I've read the research and only my Harvard-educated mind can comprehend the complexities of global warming issues.

Anyway .................

I was at the Press Club tonight to hear about Next --which themematically deals with horrifying fact "...that the genetic research industry is run exclusively for profit and needs reform."

“Next” draws upon a courtroom case in which U.C.L.A. was accused of covertly using tissue from a leukemia patient to develop and patent a lucrative cell line; the court ruled that the man had no property rights to his discarded tissue, and that the university, as a government institution, could claim this material under the doctrine of eminent domain. The book also cites rampant patenting of human genes, genetic modifications (like new, improved pets) made for whimsical commercial use and the grave-robbing theft of bones (including those of Alistair Cooke, the “Masterpiece Theater” host) for use in transplant procedures.

Say it isn't so, you say? The fact of the matter is that 24 hours ago, I had no idea that companies already owned patents on all manner of disease-related genes. And at the moment, corporations are looking to expand their ownership of plant and animal genes, with the acquiescence of the US National Park Service.

The bottom line is that some of us are walking around carrying someone else's property in our DNA. And I'm no lawyer, but I've been wondering something for a couple of hours now. If a disease (perhaps someone else's patented property) infects my body (at least partially my property at the moment), causing me harm and threatening my life, wouldn't I be able to sue for damages? Moreover, isn't there a Constitutional issue at stake?

Or put another way, what if I filed a patent on a genetic strand found in sperm? To an extent, wouldn't I partially own every foetus? And wouldn't I have a say in the future of every foetus?

Vote for reproductive rights


Some brief reading for the long weekend (the disenfranchised edition)

Enjoy....

The "I'm just a stupid jerk, so get off my case" excuse.

Bush: “I don’t think anybody anticipated the breach of the levees.”

Video-WMP Video-QT

Hell hath no fury as a wingnut scorned.

When Fox News journalists Steve Centanni and Olaf Wiig were being held by Gaza kidnappers, they were used as solemn symbols of our grand struggle against Islamic fascists. But ever since they were released, physically unharmed, they have become, as John Amato documented the other day, the targets of the same sort of hostility and bizarre resentment which was directed at Jill Carroll when she was released. It's almost as though the fact that they weren't killed -- and then refused to read some fictitious propaganda script about their captivity -- instantaneously transformed them from glorious martyrs in the War on Terror to impediments which needed to be neutralized through attacks on their mental health and character.

Yesterday, David Warren, a columnist for Real Clear Politics and The Ottawa Citizen, attacked Centanni and Wiig for being cowards and "men without chests" and said that they illustrate so much of what is wrong with the West and why we are losing to the Islamofascists:...

Who needs an election when you run the House?

San Diego Superior Court Judge Yuri Hofmann rendered his decision in the election challenge in California’s 50th Congressional District. He dismissed the request for a recount and for discovery of the facts of the Busby-Bilbray election stating specifically that "Once the House asserts exclusive jurisdiction and selects a candidate, the court no longer has jurisdiction" (emphasis added). The judge argued that the June 13 swearing in alone was sufficient to establish Bilbray’s "election." The event had the power to take away any and all citizen rights and immediately rescind authority over their own elections.

Requests for a recount resulting from major problems with the election were deemed insufficient and the rights of voters to due process were cast aside in deference to Speaker Hastert or any future Speaker. The induction of Republican Bilbray was just seven days after the election and a full 17 days before the election was officially certified by the San Diego Registrar.

The American visa card: Don't leave home.

According to the article, the two Americans have already submitted to an FBI interview, but one of them -- the American-born 18-year-old -- "had run afoul of the FBI when he declined to be interviewed again without a lawyer and refused to take a lie-detector test. " For those actions -- i.e., invoking his constitutional rights to counsel and against self-incrimination -- he is being refused entry back into his country. And the Bush administration is now conditioning his re-entry on his relinquishing the most basic constitutional protections guaranteed to him by the Bill of Rights.

Since neither of the two Americans are citizens of any other country, they are in a bizarre legal limbo where the only country they have the right to enter, the U.S., is refusing to allow them to return home.


Bush v. Gore Redux.

1) Bush v. Gore was a 5-4 opinion. (If I could put that in neon, I would.) Full stop. No qualifications. No dissenter joined any aspect of the opinion of the Court. Pace uberhack Stuart Taylor, there is no such thing as a "partial concurrence." You join an opinion, or some aspect of an opinion, or you do not. Souter and Breyer did not join any part of the per curiam, including its equal protection analysis. Anyone claiming that Bush v. Gore is a 7-2 opinion is lying, or lacks an even rudimentary understanding of constitutional law.

And via Bitch Ph.D., Adam Kotsko's deconstruction of wingnutty debate tactics (of which we've seen our share here).

5. Being "willing to be convinced" -- but only if the conservative's opponent can provide a thorough, definitive, and bulletproof argument on the spot. The existence of vast libraries of literature is most often disregarded (the only exception in the history of arguments being baa's decision to read The Second Sex in this thread) -- in any case, it's the duty of the conservative's interlocutor to supply the conservative with the perfect book, totally representative of all work on the topic, reasonably short, not overly academic, hopefully with pictures.... Most people seriously studying a topic read many books and articles, but the conservative reserves the right to make a definitive decision after reading a single book, preferably of fewer than 200 pages.

Don't forget to stand up-wind from the BBQ now.


Technorati tags:

Some brief reading for the long weekend (the disenfranchised edition)

Enjoy....

The "I'm just a stupid jerk, so get off my case" excuse.

Bush: “I don’t think anybody anticipated the breach of the levees.”

Video-WMP Video-QT

Hell hath no fury as a wingnut scorned.

When Fox News journalists Steve Centanni and Olaf Wiig were being held by Gaza kidnappers, they were used as solemn symbols of our grand struggle against Islamic fascists. But ever since they were released, physically unharmed, they have become, as John Amato documented the other day, the targets of the same sort of hostility and bizarre resentment which was directed at Jill Carroll when she was released. It's almost as though the fact that they weren't killed -- and then refused to read some fictitious propaganda script about their captivity -- instantaneously transformed them from glorious martyrs in the War on Terror to impediments which needed to be neutralized through attacks on their mental health and character.

Yesterday, David Warren, a columnist for Real Clear Politics and The Ottawa Citizen, attacked Centanni and Wiig for being cowards and "men without chests" and said that they illustrate so much of what is wrong with the West and why we are losing to the Islamofascists:...

Who needs an election when you run the House?

San Diego Superior Court Judge Yuri Hofmann rendered his decision in the election challenge in California’s 50th Congressional District. He dismissed the request for a recount and for discovery of the facts of the Busby-Bilbray election stating specifically that "Once the House asserts exclusive jurisdiction and selects a candidate, the court no longer has jurisdiction" (emphasis added). The judge argued that the June 13 swearing in alone was sufficient to establish Bilbray’s "election." The event had the power to take away any and all citizen rights and immediately rescind authority over their own elections.

Requests for a recount resulting from major problems with the election were deemed insufficient and the rights of voters to due process were cast aside in deference to Speaker Hastert or any future Speaker. The induction of Republican Bilbray was just seven days after the election and a full 17 days before the election was officially certified by the San Diego Registrar.

The American visa card: Don't leave home.

According to the article, the two Americans have already submitted to an FBI interview, but one of them -- the American-born 18-year-old -- "had run afoul of the FBI when he declined to be interviewed again without a lawyer and refused to take a lie-detector test. " For those actions -- i.e., invoking his constitutional rights to counsel and against self-incrimination -- he is being refused entry back into his country. And the Bush administration is now conditioning his re-entry on his relinquishing the most basic constitutional protections guaranteed to him by the Bill of Rights.

Since neither of the two Americans are citizens of any other country, they are in a bizarre legal limbo where the only country they have the right to enter, the U.S., is refusing to allow them to return home.


Bush v. Gore Redux.

1) Bush v. Gore was a 5-4 opinion. (If I could put that in neon, I would.) Full stop. No qualifications. No dissenter joined any aspect of the opinion of the Court. Pace uberhack Stuart Taylor, there is no such thing as a "partial concurrence." You join an opinion, or some aspect of an opinion, or you do not. Souter and Breyer did not join any part of the per curiam, including its equal protection analysis. Anyone claiming that Bush v. Gore is a 7-2 opinion is lying, or lacks an even rudimentary understanding of constitutional law.

And via Bitch Ph.D., Adam Kotsko's deconstruction of wingnutty debate tactics (of which we've seen our share here).

5. Being "willing to be convinced" -- but only if the conservative's opponent can provide a thorough, definitive, and bulletproof argument on the spot. The existence of vast libraries of literature is most often disregarded (the only exception in the history of arguments being baa's decision to read The Second Sex in this thread) -- in any case, it's the duty of the conservative's interlocutor to supply the conservative with the perfect book, totally representative of all work on the topic, reasonably short, not overly academic, hopefully with pictures.... Most people seriously studying a topic read many books and articles, but the conservative reserves the right to make a definitive decision after reading a single book, preferably of fewer than 200 pages.

Don't forget to stand up-wind from the BBQ now.

Common Article 3 of the Geneva Conventions

Link:

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

    (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ' hors de combat ' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

            (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

            (b) taking of hostages;

            (c) outrages upon personal dignity, in particular humiliating and degrading treatment;

            (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

    (2) The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.

Common Article 3 of the Geneva Convention

Link:

In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions:

    (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed ' hors de combat ' by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria.

To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons:

l            (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;

            (b) taking of hostages;

            (c) outrages upon personal dignity, in particular humiliating and degrading treatment;

            (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.

    (2) The wounded and sick shall be collected and cared for.

An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.

The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention.

The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.