Posted on 05/19/2008 8:04:42 AM PDT by SoFloFreeper
WASHINGTON (AP) — The Supreme Court has upheld criminal penalties for promoting child pornography.
The court, in a 7-2 decision...
If there was ever a reason for putting McCain in the White House, it would be to replace Ginsburg and hopefully Stevens...
Nice nomination there, GHWB.
If you’re going to excerpt, click the excerpt box. It gives us a better link to the story.
Don’t worry. Souter and Ruth Buzzie Ginsburg are two of the Supreme Court Justices that the Obamunist really admires.
And Chancellor-elect Obama considers Ginsberg his “model” jurist.
Where do I go to read their dissenting opinion?
I daresay I’m curious as to how they go about justifying their opinion. Does it have anything to do with the “mystery of life?”
I must say I’m outraged. Everyone knows the Founders wrote the 1st amendment specifically to uphold the rights of pornographers, sex workers and shock artists.
Souter is just afraid they might find his stash of porn.
The freakshow lives with his mother, never married, etc.
They found it under the penumbra between Scottish law and the Constitution of Zimbabwe.
Warren Rudman and John Sununu recommended him to President Bush unreservedly as a staunch conservative who did not have a easily demonizable track record on hot-button issues for the Democrats to exploit.
He was deceived by people who should have known better.
Note that one year later George HW Bush went to the mattresses to secure Clarence Thomas' appointment.
He learned his lesson, while Rudman champions Souter to this day.
Appointing a never-married 51 year old man to the USSC?
In retrospect Bush should have seen it coming, but he trusted Sununu.
Republican presidents of the twentieth century have been notorious for their carelessness in their SCOTUS appointments.
Eisenhower has been quoted as saying the two biggest mistakes of his administration were named Warren and Brennan.
Current legend has it that GHWB nominated Souter because he was a cipher with no paper trail and his chief of staff, John Sununu recommended him.
Good for the Supreme Court. I’m going to try to find the decision and read it.
Any news of when the death penalty for child rape decision will be coming down? Dying to know the answer to that one.
If you replace a Ginsburg with another Souter I don’t think you really gain much, if anything. Stevens will be the next one stepping down, IMO. Ginsberg still has a few years left in her yet.
The make up of the Congress is also going to play a role in deciding the next Supreme Court Justice. I fear we are loosing the battle of Congress quickly however.
Adult but still lives with mother.
Over 50, never married.
Aren’t those pretty much the first two items on the check-list for profiling... well, child molesters.
I’m not tryin’ to IMPLY nuthin’... I’m jus’ sayin’...
That question has been investigated in depth, but apparently all of Souter’s friends going back to childhood insist he’s not light in the loafers.
Notwithstanding that, one would prefer that a man making decisions on social issues of great import would have such fundamental, normative experiences as marriage and childrearing under his belt.
“Notwithstanding that, one would prefer that a man making decisions on social issues of great import would have such fundamental, normative experiences as marriage and childrearing under his belt.”
Well said.
And imagine how close we came to Democrat Roosevelt forcing the SC to 12-members and then packing it with his hand-picked minions. Democrats have long-known that owning the SC was their best way to ram their crap down the throat of America.
And yet I recall McCain’s participation in that disgraceful “Gang of 14” and let us not forget his assertion that Alito wears his conservatism on his sleeve.
And yet, time and again I am amazed at the naivete of those who think that McCain will suddenly become conservative savior of the Supreme Court.
I must smile.
I just read most of Souter’s dissent.
All I can say is: At some point during his life his brain must have turned to mush.
Well, I hate to say it, but Ruth Bader Ginsberg shows us what kind of SCOTUS appointment you can expect from a Democrat president. And David Souter shows us what kind of appointment you can expect from a Republican president who is willing to compromise with his friends across the aisle.
Didn’t McCain say that he thought Alito was too extreme for the job? And didn’t he help organize the Gang of 14?
His only saving grace in that regard would be that he will not be as bad as Chancellor-elect Obama.
And that is, as they say, damning with faint praise.
It’s just result-oriented jurisprudence.
It has zero to do with law or reason -— he just wanted a certain result and told his law clerks to write something so it comes out that way.
The Souter (& Ginsberg) dissent lies primarily in the pandering provisions.
Souter argument relies heavily on the ‘protected status’ of virtual child pornography - e.g. either non-real images or actors of legal age who don’t appear as such - depicting pornographic acts as children. He claims that in order to criminalize pandering - the images being pandered must clearly fall outside of the protected speech category.
He engages the argument that attempted sale or possession of narcotics may be charged when an individual, believing himself to be engaged in a transaction for cocaine, actually sells or buys baking powder. He says the same scenario does NOT hold true for ‘virtual child pornography’ as such images have a protected status that ‘powder’ does not enjoy.
This is the crux of is argument in my reading - ensuring the protection of virtual child pornography as previously ‘privileged’ by the court.
Never. If a predator knows he will receive the same penalty for raping but not killing a child as he would for raping and killing a child, then the logical decision would be to kill the child so they can never tell or testify against them.
Speaking as a fellow conservative, Fish, I don’t think McCain will be a savior. I think we take risks with any Prez: heck, even Reagan appointed that dolt O’Connor.
But with McCain, our chances are MUCH MUCH MUCH better than if Hussein or Hitlery appoint a SCOTUS justice! :)
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