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	<title>Comments on: Gonzales: High Court Not Bound by Roe v. Wade</title>
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		<title>By: Herb</title>
		<link>http://www.outsidethebeltway.com/archives/gonzales_high_court_not_bound_by_roe_v_wade/comment-page-1/#comment-52912</link>
		<dc:creator>Herb</dc:creator>
		<pubDate>Thu, 28 Jul 2005 00:57:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/11444#comment-52912</guid>
		<description>Lt Bell is definitely not prejudiced, He hates everybody and everything.</description>
		<content:encoded><![CDATA[<p>Lt Bell is definitely not prejudiced, He hates everybody and everything.</p>
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		<title>By: McGehee</title>
		<link>http://www.outsidethebeltway.com/archives/gonzales_high_court_not_bound_by_roe_v_wade/comment-page-1/#comment-52886</link>
		<dc:creator>McGehee</dc:creator>
		<pubDate>Wed, 27 Jul 2005 20:23:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/11444#comment-52886</guid>
		<description>[fires knockout dart into Lt bell&#039;s neck]</description>
		<content:encoded><![CDATA[<p>[fires knockout dart into Lt bell's neck]</p>
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		<title>By: wavemaker</title>
		<link>http://www.outsidethebeltway.com/archives/gonzales_high_court_not_bound_by_roe_v_wade/comment-page-1/#comment-52882</link>
		<dc:creator>wavemaker</dc:creator>
		<pubDate>Wed, 27 Jul 2005 19:32:25 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/11444#comment-52882</guid>
		<description>While stare decisis was discussed by the majority in &lt;em&gt;Planned Parenthood v. Casey &lt;/em&gt;as a reason why they ruled as they did, Rehnquist&#039;s dissent on that subject is masterful:

âThe joint opinion ...cannot bring itself to say that Roe was correct as an original matter, but the authors are of the view that the immediate question is not the soundness of Roe&#039;s resolution of the issue, but the precedential force that must be accorded to its holding.  Instead of claiming that Roe was correct as a matter of original constitutional interpretation, the opinion therefore contains an elaborate discussion of stare decisis. This discussion of the principle of stare decisis appears to be almost entirely dicta, because the joint opinion does not apply that principle in dealing with Roe. Roe decided that a woman had a fundamental right to an abortion. The joint opinion rejects that view. Roe decided that abortion regulations were to be subjected to &quot;strict scrutiny,&quot; and could be justified only in the light of &quot;compelling state interests.&quot; The joint opinion rejects that view. Roe analyzed abortion regulation under a rigid trimester framework, a framework which has guided this Court&#039;s decisionmaking for 19 years. The joint opinion rejects that framework.....

 â¦. In the end, having failed to put forth any evidence to prove any true reliance, the joint opinion&#039;s argument is based solely on generalized assertions about the national psyche, on a belief that the people of this country have grown accustomed to the Roe decision over the last 19 years and have &quot;ordered their thinking and living around&quot; it.  As an initial matter, one might inquire how the joint opinion can view the &quot;central holding&quot; of Roe as so deeply rooted in our constitutional culture when it so casually uproots and disposes of that same decision&#039;s trimester framework.â</description>
		<content:encoded><![CDATA[<p>While stare decisis was discussed by the majority in <em>Planned Parenthood v. Casey </em>as a reason why they ruled as they did, Rehnquist's dissent on that subject is masterful:</p>
<p>âThe joint opinion ...cannot bring itself to say that Roe was correct as an original matter, but the authors are of the view that the immediate question is not the soundness of Roe's resolution of the issue, but the precedential force that must be accorded to its holding.  Instead of claiming that Roe was correct as a matter of original constitutional interpretation, the opinion therefore contains an elaborate discussion of stare decisis. This discussion of the principle of stare decisis appears to be almost entirely dicta, because the joint opinion does not apply that principle in dealing with Roe. Roe decided that a woman had a fundamental right to an abortion. The joint opinion rejects that view. Roe decided that abortion regulations were to be subjected to "strict scrutiny," and could be justified only in the light of "compelling state interests." The joint opinion rejects that view. Roe analyzed abortion regulation under a rigid trimester framework, a framework which has guided this Court's decisionmaking for 19 years. The joint opinion rejects that framework.....</p>
<p> â¦. In the end, having failed to put forth any evidence to prove any true reliance, the joint opinion's argument is based solely on generalized assertions about the national psyche, on a belief that the people of this country have grown accustomed to the Roe decision over the last 19 years and have "ordered their thinking and living around" it.  As an initial matter, one might inquire how the joint opinion can view the "central holding" of Roe as so deeply rooted in our constitutional culture when it so casually uproots and disposes of that same decision's trimester framework.â</p>
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		<title>By: Lt bell</title>
		<link>http://www.outsidethebeltway.com/archives/gonzales_high_court_not_bound_by_roe_v_wade/comment-page-1/#comment-52872</link>
		<dc:creator>Lt bell</dc:creator>
		<pubDate>Wed, 27 Jul 2005 16:48:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/11444#comment-52872</guid>
		<description>WHO OUTED PLAME

WHERE IS OSAMA BIN LADEN 

WHO IS RESPONSIBLE FOR THE LIE THAT STARTED THIS WAR

HOW MANY PEOPLE HAVE DIED BECAUSE BUSH WANTED TO GET RE-ELECTED</description>
		<content:encoded><![CDATA[<p>WHO OUTED PLAME</p>
<p>WHERE IS OSAMA BIN LADEN </p>
<p>WHO IS RESPONSIBLE FOR THE LIE THAT STARTED THIS WAR</p>
<p>HOW MANY PEOPLE HAVE DIED BECAUSE BUSH WANTED TO GET RE-ELECTED</p>
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		<title>By: legion</title>
		<link>http://www.outsidethebeltway.com/archives/gonzales_high_court_not_bound_by_roe_v_wade/comment-page-1/#comment-52867</link>
		<dc:creator>legion</dc:creator>
		<pubDate>Wed, 27 Jul 2005 15:45:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/11444#comment-52867</guid>
		<description>Lemme get this straight... the Senate can&#039;t ask a SCOTUS candidate about his views on RvW, but the AG can talk all he wants about that candidate&#039;s views... huh?</description>
		<content:encoded><![CDATA[<p>Lemme get this straight... the Senate can't ask a SCOTUS candidate about his views on RvW, but the AG can talk all he wants about that candidate's views... huh?</p>
]]></content:encoded>
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		<title>By: PoliBlog:  Politics is the Master Science</title>
		<link>http://www.outsidethebeltway.com/archives/gonzales_high_court_not_bound_by_roe_v_wade/comment-page-1/#comment-52866</link>
		<dc:creator>PoliBlog:  Politics is the Master Science</dc:creator>
		<pubDate>Wed, 27 Jul 2005 15:22:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/11444#comment-52866</guid>
		<description>&lt;strong&gt;Stare Decisis&lt;/strong&gt;

	The following (AG: High Court Not Bound by Roe V. Wade) is causing a minor brouhaha, because the AG says that SCOTUS isn&#8217;t bound by Roe v. Wade...</description>
		<content:encoded><![CDATA[<p><strong>Stare Decisis</strong></p>
<p>	The following (AG: High Court Not Bound by Roe V. Wade) is causing a minor brouhaha, because the AG says that SCOTUS isn&#8217;t bound by Roe v. Wade...</p>
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		<title>By: Danny Carlton: codenamed  "Jack Lewis"</title>
		<link>http://www.outsidethebeltway.com/archives/gonzales_high_court_not_bound_by_roe_v_wade/comment-page-1/#comment-52858</link>
		<dc:creator>Danny Carlton: codenamed  "Jack Lewis"</dc:creator>
		<pubDate>Wed, 27 Jul 2005 12:50:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/11444#comment-52858</guid>
		<description>&lt;strong&gt;Roberts and Roe&lt;/strong&gt;

From the Associated Press... The legal right to abortion is settled for lower courts, but the Supreme Court &quot;is not...</description>
		<content:encoded><![CDATA[<p><strong>Roberts and Roe</strong></p>
<p>From the Associated Press... The legal right to abortion is settled for lower courts, but the Supreme Court &quot;is not...</p>
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		<title>By: RiverRat</title>
		<link>http://www.outsidethebeltway.com/archives/gonzales_high_court_not_bound_by_roe_v_wade/comment-page-1/#comment-52842</link>
		<dc:creator>RiverRat</dc:creator>
		<pubDate>Wed, 27 Jul 2005 02:45:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/11444#comment-52842</guid>
		<description>Yah Sure.

Every sentient being that doesn&#039;t get their education from MTV and news from talking points emailed to the MSM by NARAL which, in all liklihood, is about 20% the population and 30% of voters.

Unfortunately, as you well know, sentience has no link to knowledge.</description>
		<content:encoded><![CDATA[<p>Yah Sure.</p>
<p>Every sentient being that doesn't get their education from MTV and news from talking points emailed to the MSM by NARAL which, in all liklihood, is about 20% the population and 30% of voters.</p>
<p>Unfortunately, as you well know, sentience has no link to knowledge.</p>
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		<title>By: Herb</title>
		<link>http://www.outsidethebeltway.com/archives/gonzales_high_court_not_bound_by_roe_v_wade/comment-page-1/#comment-52840</link>
		<dc:creator>Herb</dc:creator>
		<pubDate>Wed, 27 Jul 2005 02:38:34 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/11444#comment-52840</guid>
		<description>Wouldn&#039;t you know it, Lawyers have fixed the &quot;Law&quot; so they don&#039;t have to obey it.

I guess that is why Justice Kennedy violated the &quot;Palm Sunday Law&quot; and got away with it.

Leave it to a Lawyer !!!!!!!</description>
		<content:encoded><![CDATA[<p>Wouldn't you know it, Lawyers have fixed the "Law" so they don't have to obey it.</p>
<p>I guess that is why Justice Kennedy violated the "Palm Sunday Law" and got away with it.</p>
<p>Leave it to a Lawyer !!!!!!!</p>
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		<title>By: Leopold Stotch</title>
		<link>http://www.outsidethebeltway.com/archives/gonzales_high_court_not_bound_by_roe_v_wade/comment-page-1/#comment-52831</link>
		<dc:creator>Leopold Stotch</dc:creator>
		<pubDate>Wed, 27 Jul 2005 01:53:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/11444#comment-52831</guid>
		<description>So no one beats me to it:

I guess this means that Democrats aren&#039;t sentient beings ...</description>
		<content:encoded><![CDATA[<p>So no one beats me to it:</p>
<p>I guess this means that Democrats aren't sentient beings ...</p>
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