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To: Huck
I don't even think Scalia or Thomas would go for that.

I've conceded as much; just offering my take on why I think it wouldn't be an illegitimate act by the Court.

67 posted on 11/25/2004 10:47:37 PM PST by streetpreacher (There will be no Trolls in heaven.)
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To: streetpreacher
Scalia from Webster:

Alone sufficient to justify a broad holding is the fact that our retaining control, through Roe, of what I believe to be, and many of our citizens recognize to be, a political issue, continuously distorts the public perception of the role of this Court. We can now look forward to at least another Term with carts full of mail from the public, and streets full of demonstrators, urging us - their unelected and life-tenured judges who have been awarded those extraordinary, undemocratic characteristics precisely in order that we might follow the law despite the popular will - to follow the popular will.


70 posted on 11/25/2004 10:56:21 PM PST by Huck (The day will come when liberals will complain that chess is too violent .)
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