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THE Sonia Sotomayor Thread (merged)

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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby Schmuto » Fri 29 May 2009, 09:42:01

$this->bbcode_second_pass_quote('smallpoxgirl', 'b')ut Roe has to be understood in context.

The context was this - most states had anti-abortion laws. 5 morons with robes didn't like that. 5 morons with robes created law to change it.

That's the context. Everything else you wrote is misguided.


$this->bbcode_second_pass_quote('', '
')Abortion continues to be controversial in the US primarily because the two major parties get political mileage from playing volleyball with it.

Abortion continues to be controversial in the U.S. because 50% of people think having an abortion is the moral equivalent of getting your teeth cleaned and 50% think it's murder.


$this->bbcode_second_pass_quote('', 'S')COTUS wasn't intending to make public policy with Roe as much as to make a policy change that everybody agreed to but nobody wanted to sign their name to, just like with Griswold.

I really have to end any dialogue with SPG at this point. I had written previously that YesPlease's statement that we'll be running cars on toaster-sized batteries in the near future was the dumbest thing I had ever read, but the quote above takes first place.

It takes a special kind of delusional neo-feminism to maintain the fiction: "everybody agreed that abortion should be legal." What can be said to that?

$this->bbcode_second_pass_quote('', ' ')Is it wrong then for SCOTUS to stand up and do the right thing? I dunno.

2 answers to this - 1 - YES, if by doing so they injure the Constitution, which comes with a mechanism in place to change it if needed. and 2. - Abortion is murder, so I don't agree with you that they did the right thing.

$this->bbcode_second_pass_quote('', 'A')s for Sotomayor, seeing smarmy $&%*ing Charles Schumer fawning over her is all the reason I need to hate her.


The only reason I don't like her is because she's made clear that she doesn't care at all about what the laws say - she'll vote her conscience every time.

Why even have a Constitution if the judges don't believe it means anything?
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby smallpoxgirl » Fri 29 May 2009, 12:21:04

$this->bbcode_second_pass_quote('Schmuto', '')$this->bbcode_second_pass_quote('', ' ')Is it wrong then for SCOTUS to stand up and do the right thing? I dunno.

2 answers to this - 1 - YES, if by doing so they injure the Constitution, which comes with a mechanism in place to change it if needed.


So then just so we're clear, you would like to overturn Griswold? You'd like to return to a world where married women in half the states in the US can't buy birth control pills without their husband's permission and unmarried women can't buy them at all?

And yes. In 1972 everyone, with the exception of a few Catholics, felt abortion should be legal. Just three years earlier Governor Ronald Regan signed the law legalizing abortions in California without so much as a peep of the fetophilia he would demonstrate in the 1980's.

It wasn't until the late 70's and 80's that the Republicans and extremist evangelicals teemed up for their hate campaign against vulnerable women.
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby 3aidlillahi » Fri 29 May 2009, 13:53:37

$this->bbcode_second_pass_quote('', 'A')bortion continues to be controversial in the U.S. because 50% of people think having an abortion is the moral equivalent of getting your teeth cleaned and 50% think it's murder.


Interestingly, when polling on abortion first began in the early '90's, a majority of people were pro-choice. Since then, it's increasingly become more pro-life and for the first time since polling began, we are a pro-life nation.
Image

It could just be an aberration though as they pretty much switched places in one year following a decade of relative consistency.
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby efarmer » Fri 29 May 2009, 14:05:35

There are some societal issues that are truly without solution,
always has been, and always will be. I believe life begins at
the egg becoming fertilized, some believe it does not, and this
conundrum has no solution because we don't have a soul
scanner and probably will never have one. But people seek
them out, be it DIY affairs that kill additional people, or
illegal affairs that destroy physicians who broke the rules
to circumvent the butchers who offered an alternative
and lucrative stall in a dark alley. By the way these are
the same swell folks who deal drugs and gambling and
sell protection and of course pimp. They would probably
love the government to declare a war on abortion again,
and funnel them power and money like the war on drugs
raised the price but did not staunch the supply. This would
be especially good for them since the government decided
it was too damn lucrative not to get into the gambling racket
in many of the best states and cut in on their turf. Vice
becomes tax revenue or else fighting it becomes an eternal
source of funding for a big bureaucracy full of highly
moral and compensated public servants who seem to
understand they have found never ending niches to mine
for gold.

Throwing welfare at single mothers based on child count
was a stab at the issue, and of course it presented an
equally dicey problem we did not and have not solved either.

Culture warriors feed like vampires on the clash they create,
this is why they pick and polish the eternal shortcomings and
intangible issues of humankind. It also let's them hang status
quo on the other ream of solvable but not without confronting
the entrenched lobby for, balance of the gamut of issues.

When you go to war on a hunch, but are cloaked in moral
righteousness on your belief system's moral concepts,
I think honesty demands that "collateral damage" be
reported instead as accidental abortions of child and
adult aged humans.

Kill on the hunch, save on the belief, spin on the TV,
cash in on the book. Divide the nation, fill your pockets,
quote the Constitution, put your money in the Caymans
or a holding company for the defense industry.
I don't know if enhanced interrogation is always torture
or not, but I know these folks sure as hell are.

edited by efarmer once to change fertile to fertilized
Last edited by efarmer on Fri 29 May 2009, 16:06:38, edited 1 time in total.
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby rangerone314 » Fri 29 May 2009, 14:15:54

I told myself I wasn't going to step into this, partly because I'm torn on the issue, and partly because so much hypocrisy, emotion and BS gets tossed up into this issue.

I do note that some of the same people who think even using a morning after pill is murdering a human being, don't shy away from supporting wars (at least the Catholics are not hypocritical now, though) which kill humans that no one disputes are humans.

In general I disapprove of killing something if it isn't necessary and logical if it can be helped, human or otherwise. So while I would be willing to snap the neck of a person trying to hurt my family in a heartbeat, I routinely capture in my house and dump outside wolf spiders - instead of just smashing them.

I think the absolutist arguments are silly. Supporting partial birth abortions seems about as over-the-top to me as saying the preventing a zygote from growing is murder. While I'm not convinced enough of moral certitude to support banning all abortion, I also think people are fooling themselves when they think some higher absolute morality rules everything. There is only nature.

I think the middle ground, as shaky and uncertain as it is, is where the best and most rational of everything tends to be found. Griswold vs Connecticut was about at its core, the tradition of privacy within the institution of marriage. It got over-generalized into a an overall right to privacy concept which takes us into Roe.

If right-to-privacy was meant to be a general right, then specific privacy rights (searches and seizures, against self-incrimination, etc) would not have been put into the Constitution. Even looking at the 9th Amendment which stipulates about "rights not enumerated" implying the listing of rights doesn't preclude the existence of others not listed, the rational way would be to look at established traditions.

So at a personal level, I'd be leaning towards pro-life, voting in a state referendum (if Roe got overturned) I'd probably vote pro-choice (since I believe it is wrong to impose my will on others), and as a Supreme Court justice I would probably vote pro-life (since I think Roe was a bridge too far past Griswold vs Connecticut)
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby Ludi » Fri 29 May 2009, 14:22:01

$this->bbcode_second_pass_quote('rangerone314', '
')If right-to-privacy was meant to be a general right, then specific privacy rights (searches and seizures, against self-incrimination, etc) would not have been put into the Constitution. Even looking at the 9th Amendment which stipulates about "rights not enumerated" implying the listing of rights doesn't preclude the existence of others not listed, the rational way would be to look at established traditions.


I can't make sense of what you're saying there. You seem to be saying, even though the 9th amendment specifically states that not enumerating rights doesn't preclude the existence of non-enumerated rights, if a non-enumerated right is not specified, then no specific rights would be enumerated.

My head is spinning! 8O

Can you please clarify?
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby rangerone314 » Fri 29 May 2009, 14:23:08

There is one thing I am curious about... Sotomayor being first "Latino" Supreme. Should a Mexican-American feel warm & fuzzy because a Puerto Rican-American got there? I find the whole Latino race thing to be a really odd concept. First off there is no race... you have whites, white/native, native, Asian, black, black/white, black/native, black/white/native, etc etc.

If you are Spanish speaking from Argentina and your grandparents were Welsh and Italian (both large groups there) and you come to the US, are you a Latino? Are Portuguese-speaking Brazilians Latino?

Is a Quechua-speaking (of many dialects) person from Ecuador who is maybe 99.9% Native a Latino?

How about someone from Peru descended from Japanese immigrants?
An ideology is by definition not a search for TRUTH-but a search for PROOF that its point of view is right

Equals barter and negotiate-people with power just take

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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby rangerone314 » Fri 29 May 2009, 14:33:29

$this->bbcode_second_pass_quote('Ludi', '')$this->bbcode_second_pass_quote('rangerone314', '
')If right-to-privacy was meant to be a general right, then specific privacy rights (searches and seizures, against self-incrimination, etc) would not have been put into the Constitution. Even looking at the 9th Amendment which stipulates about "rights not enumerated" implying the listing of rights doesn't preclude the existence of others not listed, the rational way would be to look at established traditions.


I can't make sense of what you're saying there. You seem to be saying, even though the 9th amendment specifically states that not enumerating rights doesn't preclude the existence of non-enumerated rights, if a non-enumerated right is not specified, then no specific rights would be enumerated.

My head is spinning! 8O

Can you please clarify?


It was many years since I wrote that paper on the 9th Amendment... 9th Amendment says basically just because the 8 previous amendments list specific rights, that it doesn't mean non-listed rights don't exist.

The trick is figuring out what rights exist that aren't listed. In my paper I argued precedence, common tradition, grievances in the Dec of Ind are a good source.

So I argued the right of privacy in marriage was a long recognized right, so that would be a non-listed right; in that context Griswold vs Connecticutt makes sense.

Thus one would argue there is not an established tradition for gay marriage or abortion (in original Hypocratic oath even doctors took pledge not to do abortion) I guess the question would be at what point something becomes a long-recognized right...

I do think the Court has gone a little too far in stretching the Constitution... but the extreme conservatives are also wrong about judges legislating...

ALL 3 branches of government make law, not just the legislative... Court orders are essentially a law... an Executive order is essentially a law...
An ideology is by definition not a search for TRUTH-but a search for PROOF that its point of view is right

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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby Ludi » Fri 29 May 2009, 14:43:32

$this->bbcode_second_pass_quote('rangerone314', '
')Thus one would argue there is not an established tradition for gay marriage or abortion (in original Hypocratic oath even doctors took pledge not to do abortion) I guess the question would be at what point something becomes a long-recognized right...



Why would something have to be "long-recognized" to be a right? There was no established tradition for freedom of black people, for inter-racial marriage, for the right of women to vote, etc.

I'm not really seeing the precedent for something being a right only if it is "an established tradition" in the society.

Certainly abortion is an established tradition in most human societies, if not in the US.
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby rangerone314 » Fri 29 May 2009, 15:00:57

$this->bbcode_second_pass_quote('Ludi', '')$this->bbcode_second_pass_quote('rangerone314', '
')Thus one would argue there is not an established tradition for gay marriage or abortion (in original Hypocratic oath even doctors took pledge not to do abortion) I guess the question would be at what point something becomes a long-recognized right...



Why would something have to be "long-recognized" to be a right? There was no established tradition for freedom of black people, for inter-racial marriage, for the right of women to vote, etc.

I'm not really seeing the precedent for something being a right only if it is "an established tradition" in the society.

Certainly abortion is an established tradition in most human societies, if not in the US.


Ummm... if you think that is the case, you might want to look athis site:
http://www.freeafricanamericans.com
and some of the links that are on it... (plenty of interracial marriage, even pics of them) http://www.freeafricanamericans.com/19th.htm


Consider also if a large # of states have a right that is not yet a national right, I would think at some point after decades it is an established tradition...

This concept is not out of step with the idea that power flows from the States up, not from DC downwards.
An ideology is by definition not a search for TRUTH-but a search for PROOF that its point of view is right

Equals barter and negotiate-people with power just take

You cant defend freedom by eliminating it-unknown

Our elected reps should wear sponsor patches on their suits so we know who they represent-like Nascar-Roy
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby Ludi » Fri 29 May 2009, 15:22:12

I think I'm misunderstanding what you're arguing.

Anyway, never mind me! :)
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby smallpoxgirl » Fri 29 May 2009, 15:27:13

$this->bbcode_second_pass_quote('rangerone314', 'S')upporting partial birth abortions seems about as over-the-top to me as saying the preventing a zygote from growing is murder.


You are aware that "partial birth abortion" is sort of like "assault weapon"? It's a made up term for the purpose of manipulating gullible constituents and passing a law aimed at something different entirely.

And yeah. Americans are all anti-abortion because they can be. It's easy to look down your nose as long as you feel complacent that your rights aren't going away. OTOH, even in a redneck place like South Dakota, people won't actually stand for an abortion ban. Nobody actually wants to ban abortion. They want to make themselves feel better by looking down their nose at somebody else.
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby smallpoxgirl » Fri 29 May 2009, 15:33:08

$this->bbcode_second_pass_quote('rangerone314', 'S')o I argued the right of privacy in marriage was a long recognized right, so that would be a non-listed right; in that context Griswold vs Connecticutt makes sense.


I don't see how you get that. The Comstock laws were passed about the same time as most of the abortion bans in the US-the mid 1800s. Seems more that we have a long history of governments extirpating privacy within marriage.
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby efarmer » Fri 29 May 2009, 16:29:07

Where do you feel queasy with the notion prior to post partum of
aborting a pregnancy SPG? At what point does a personal
weapon fall out of the right to bear arms? No looking down
my nose because I know I have many failings and faults
and ignorant parts as part of my bundle.

But at some point we really do have an issue with murder
that can be cloaked with a technicality, and we really do
have to face that our individual right to bear arms is meaningless
if the criminals can obtain and the rich can buy weapons of
such massive destructive capability to render our defensive
arms useless and inadequate. I think automatic weapons
begin the apogee of the curve from where it runs up to
personal protection to where it peaks and heads down to
a continual personal arms race based on what individuals
can glean, imagine, or be scared into feeling they need to
counter the weapons their potential adversaries may wield.
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby smallpoxgirl » Fri 29 May 2009, 17:11:21

$this->bbcode_second_pass_quote('efarmer', 'W')here do you feel queasy with the notion prior to post partum of
aborting a pregnancy SPG?


I'll answer your question directly, but I think this kind of cuts to the quick of the abortion issue. The salient question is not where do I feel queasy. The real question is where does it become a criminal matter. There are lots of things that make me queasy that I don't want addressed with tasers and SWAT teams and prisons. The question is at what point do I say to a woman, after she's just told me about how she lost her job and her boyfriend is a deadbeat and won't support her and she's getting evicted from her apartment and she doesn't know how she's going to raise the two kids she's got...at what point do I say to that woman, "Tough Luck. If you try to have an abortion, I want the police to come drag you and anyone who tries to help you off to jail." That's a really stark line to draw and the fact is that fetal personhood is a really murky issue. The truth is that the transition for a unicellular egg to a person is a gradual process and it doesn't lend itself easily to the drawing of stark lines. Currently in all states that stark line is drawn at viability (24weeks) and I don't have a particular problem with that. A 24 week fetus lacks most of the characteristics and abilities that we normally associate with personhood, but I think it's a reasonable conclusion that at that point it has enough humanity to warrant some degree of protection. To answer your actual question, the point at which abortion makes me queasy is 22 weeks. Thus I've chosen that as my personal limit on where to stop doing them. A 23 week fetus lacks virtually all of the neurological functions we would associate with even a pet: Sensory functions, purposeful movement, cognition, etc, but it looks human enough that it makes me queasy and I don't do it.

$this->bbcode_second_pass_quote('', 'A')t what point does a personal weapon fall out of the right to bear arms?


My personal belief, unpopular though it may be, is this. Presidents and congressmen typically represent the most conniving and avaricious members of our society. Virtually every war that the US has ever fought, and it's something like one every 20 years on average, has been started under false pretenses and for personal gain of it's architects. I am far more willing to trust the honest motives and behavior of my neighbor than I am of my president. I don't believe that the president should be given access to any weapon that the average citizen is not. That's not to say that either of them should have nuclear bombs, or fighter planes - obviously a level of "safe" and "unsafe" weapons needs to be devised, but I can't see trusting a politician with a weapon that you wouldn't trust in the hands of your neighbor.
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby Ludi » Fri 29 May 2009, 18:46:29

$this->bbcode_second_pass_quote('smallpoxgirl', ' ')The question is at what point do I say to a woman, after she's just told me about how she lost her job and her boyfriend is a deadbeat and won't support her and she's getting evicted from her apartment and she doesn't know how she's going to raise the two kids she's got...at what point do I say to that woman, "Tough Luck.


Here in Texas we have the Baby Moses Law, which enables women who don't feel capable of raising a baby to give the baby to any fire or police department personnel, no questions asked.

Why would a woman need to get an abortion because she can't raise the baby? Or, to put it another way, why don't all states have Baby Moses?


http://www.dfps.state.tx.us/Child_Care/ ... rgency.asp
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby smallpoxgirl » Fri 29 May 2009, 21:06:40

$this->bbcode_second_pass_quote('Ludi', 'W')hy would a woman need to get an abortion because she can't raise the baby?


Well, as a non-breeder I'll probably never understand it fully, but I think the way most women see it is that once they have the baby, it's permanently part of them and they couldn't ever place it for adoption. Adoption is NOT a popular choice. Somewhere around 45% of American women have an abortion some time in their lives. About 2% put a baby up for adoption. What women say to me when I ask them about it is that they would feel far more guilt about having a child and adopting it out to who knows what kind of parents rather than having an abortion and preventing the fetus from becoming a child.

I think the Baby Moses type laws are a good thing, but their impact is primarily to decrease infanticide, not to decrease the need for abortion.
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby Ludi » Fri 29 May 2009, 21:29:40

$this->bbcode_second_pass_quote('smallpoxgirl', ' ')Adoption is NOT a popular choice.



:(
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby Schmuto » Fri 29 May 2009, 21:52:40

$this->bbcode_second_pass_quote('smallpoxgirl', '')$this->bbcode_second_pass_quote('Schmuto', '')$this->bbcode_second_pass_quote('', ' ')Is it wrong then for SCOTUS to stand up and do the right thing? I dunno.
2 answers to this - 1 - YES, if by doing so they injure the Constitution, which comes with a mechanism in place to change it if needed.
So then just so we're clear, you would like to overturn Griswold? You'd like to return to a world where married women in half the states in the US can't buy birth control pills without their husband's permission and unmarried women can't buy them at all?
And yes. In 1972 everyone, with the exception of a few Catholics, felt abortion should be legal. Just three years earlier Governor Ronald Regan signed the law legalizing abortions in California without so much as a peep of the fetophilia he would demonstrate in the 1980's.
It wasn't until the late 70's and 80's that the Republicans and extremist evangelicals teemed up for their hate campaign against vulnerable women

Ah yes, I've seen this argument before.

I say, "the Supreme Court should not make law." You say, "so you want segregated education again?" I say it clearly - - - The Constitution was supposed to be a set of rules.

If you didn't like the rules, then the way to get what you wanted was to change the rules according to the amendment procedure outlined in the Constitution. f you allow 5 BOZOS IN ROBES to change the rules whenever they please, then you have no rules.

You see? So, for example, if 5 bozos in robes in a few years overturn Roe, then what will you say then? And we've had the conversation before SPG - The world will regress.

Women's rights will shrink, and, soon enough, we'll be back in the dark ages before the wonders of modern pills. And by the way, of the three or four dozen women I know who have had abortions, they were hardly "vulnerable." They reminded me a lot of you, SPG.

And they didn't get pregnant because they were vulnerable. They got pregnant because they slutted it up without using the birth control that each had easy access to.
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Re: Sotomayor nominated for SC - Stock up on Guns now.

Unread postby efarmer » Fri 29 May 2009, 23:21:21

Thanks SPG, this sort of honest insight from someone who
has experienced the clinical and patient profile / emotional
dynamics is invaluable. It is what it is, and it is going to
happen, and to put it outside the law is to put it back
into an environment that is subject to horrible abuse of
the existing lives involved as well as almost guaranteeing
fudging of gestation limits for money or out of desperation
for the disputed new / potential lives. For me it is a triage
situation more than a patient procedure and I will abide
by my worded question not to put a value judgment on
your views of it.

On the weapons side, it is sort of a given that the grand
potentate, whatever title that may be, will always have the
best and most destructive weapons, regardless of if we
like the idea or not.

My feeling about guns being seized by the federal government
and bullets doled out with cheek swabbing for DNA and
serial numbered bullets is that much like drugs, the illicit
market will counter such things by adjusting price to where
it overcomes governmental control to satisfy demand.
This is IF such rumors would have any basis in fact.
This is another like it or not scenario in my opinion.

I pray for you and all the healers, I pray for all who
are trying to lead people to peace, and for all of my
other relatives and the great creation we are all
woven into at this time, and I pray for myself, that
I keep learning and loving, and don't run out of
humor before I run out of days. I pray my neighbor
with the coke bottle glasses shoots better than he
drives, if it would come to that.
Aho / Amen
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