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Court Speculation Centers on Female Judge (Who Thinks Abortion is Constitutionally-Protected)
Yahoo! News (AP) ^ | 7/19/2005 | Deb Riechmann

Posted on 07/19/2005 6:49:13 AM PDT by Pyro7480

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To: kevkrom

Did the Judge have anything to do with Emerson????


81 posted on 07/19/2005 8:29:55 AM PDT by Jim Verdolini (We had it all, but the RINOs stalked the land and everything they touched was as dung and ashes!)
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To: xzins
I hear you, xzins, but in fairness Clements did not say abortion is consitutionally protected.

All she says is that the Supreme Court has ruled that way.

Do I wish she had added, like Pryor, that their ruling is a legal abomination?

Yes.

82 posted on 07/19/2005 8:33:09 AM PDT by Oliver Optic
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To: byteback
For it would send up a signal to legislatures throughout the country that the Court was now open for business in sustaining many varieties of restriction on abortion.

Exactly.

And this is how we are going to win this issue. Overturning Roe v. Wade will not do one thing to limit the number of abortions in this country. Empowering state legislatures to do what they are designed to do will have a far greater impact.

83 posted on 07/19/2005 8:36:57 AM PDT by cicero's_son
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To: MamaTexan
"one that admits that NO governmental entity has the authority to legitimatize murder. "

She wasn't asked that. Don't get me wrong, she may or may not be a good Justice, I don't know anything about her. I just despise the professional fundraisers using every nominee as an excuse to scam dollars out of good but naive Christians and conservatives.

Our dollars need to be used to help the President's choice get through the confirmation process, not keep everyone off so the fundraising window remains open longer.

84 posted on 07/19/2005 8:38:30 AM PDT by bayourod (There's nothing conservative about being Anti-business, Anti-Bush, Anti-14th, Anti-immigrant, Anti-f)
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To: Pyro7480
Edith Clement.

It looks like Teddy Kennedy and Chuckie Schumer got EXACTLY what they wanted--a pro-choice, conservative IN THE MOLD OF Sandra O'Conner. It looks like their strategy worked like a charm! Many conservatives will howl big-time, but the President will mollify them when the Chief Justice retires.

The President then WILL nominate a REAL CONSERVATIVE (like Luttig) to replace Rehnquist to quiet the conservative base.

Bottom line? Kennedy and Schumer get what they wanted--no change in the 'balance' that they deem so important (of course, only under a republican administration). In the end, we get a court that is actually a bit LESS conservative than the last one,,,,,,,not much to show for having a republican president make two appointments.

85 posted on 07/19/2005 8:39:01 AM PDT by stockstrader
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To: Pyro7480

Shattering my hopes. I was hoping President Bush would nominate his mother, Barbara Bush. With her experience of keeping politicians in check, she would have turned the tables on the Ted Kennedy bunch. And serving just a year on the court she might have put the court back on the right path too.

OK, I'll admit it. It was a fun thought. I wanted Barbara to rip Ted Kennedy and ease the way for any future court nominees. That would've made the best Congressional daytime soap since the Clinton impeachment proceedings.


86 posted on 07/19/2005 8:40:08 AM PDT by backtothestreets
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To: The_Eaglet
"The Constitution has no guarantee to a right of privacy. "

But the Supreme Court said it does and lower courts, such as the one she was being confirmed to have to go by what the Supreme Court says. Once on the Supreme Court she can read the Constitution anyway she chooses.

87 posted on 07/19/2005 8:41:40 AM PDT by bayourod (There's nothing conservative about being Anti-business, Anti-Bush, Anti-14th, Anti-immigrant, Anti-f)
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To: Pyro7480

From the "People for the American Way" website:

http://www.pfaw.org/pfaw/general/default.aspx?oid=13514

"Confirmed Judges Confirm Our Worst Fears"

Edith Clement


88 posted on 07/19/2005 8:41:41 AM PDT by slowhand520
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To: stockstrader
Where do you get the information that she is Pro-Choice? The post quotes the comment on "settled law", which is the same answer all nominees to the court of appeals give (including Bill Pryor) because it is settled until the Supreme Court states otherwise.

There is nothing to suggest that she thinks Roe is constitutional or would uphold it as a Supreme Court Justice.

89 posted on 07/19/2005 8:44:05 AM PDT by CWW (Mark Sanford for President on 2008!)
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To: Pyro7480
She has stated that the Supreme Court "has clearly held that the right to privacy guaranteed by the Constitution includes the right to have an abortion" and that "the law is settled in that regard."

If Bush names Edith Clement, it is as bad as if he named Gonzales, perhaps worse, given the stronger tendency of women to moderate over time on the bench. Clement would be such a stupid waste of his legacy. Luttig. If not Luttig because it's a "chick seat" then Rogers-Brown, if not rogers-Brown then Owen, if not Owen then Jones. But Please Mr President do not name Edith Clement.

90 posted on 07/19/2005 8:44:07 AM PDT by montag813
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To: Pyro7480

What she said was that as a 5th-circuit court judge, she would not pull a Judge Moore, and would respect the higher court's stance. She has not said she agrees with Roe v. Wade, or even that she would abide with Stare Decisis.


91 posted on 07/19/2005 8:47:59 AM PDT by dangus
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To: Willie Green

"If lower court judges won't challenge previous SCOTUS decisions, then the SCOTUS will never have an opportunity to review and correct its previous errors."

Pretty sure it's not up to a lower court to "challenge" a higher court, unless it's in the context of a case. Here, she was answering questions in a vacuum. Perhaps Billybob can clear this up, or one of our other lawyers.



92 posted on 07/19/2005 8:49:05 AM PDT by John Robertson
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To: agitator

W is not really trying to screw the party in the next election is he?


93 posted on 07/19/2005 8:49:45 AM PDT by ThanhPhero (di hanh huong den La Vang)
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To: CWW

I agree with you. This notion that she is somehow Pro-Choice borders on the absurd. Both Clarence Thomas and Antonin Scalia gave answers much in the same way.

At this point, folks here need to calm down, get the facts, and properly put her comments in context with the manner in which she has decided cases. From all accounts, she is a strict constructionist (i.e. the Scalia/Thomas method for deciding cases).


94 posted on 07/19/2005 8:50:13 AM PDT by rog4vmi
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To: Hildy

Never? Of course. Without Roe where would all the secular humanist free souls go to rectify the results of their profligate activities? To theorize that fetal murder is a fait accompli presupposes that secularism has already won the cultural war over a Power that cannot be defeated. I, for one, am not prepared to turn in my Missal for the Khama Sutra.


95 posted on 07/19/2005 8:50:53 AM PDT by Dionysius (ACLU and tenure laws must go)
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To: Diddle E. Squat
Because the leak is so widespread, on many media outlets, and because Senator Spector has visited the White House (and he is a notorious blabbermouth), I'm inclined to think this is real. However, until the President makes his announcement, it could be a misdirection.

Only once in my career did I know FOR SURE what was happening. I was on staff to the Bicentennial Commission on the Constitution, when Chief Justice Warren Burger resigned so President Reagan could nominate Rehnquist. I knew about that one transaction 30 minutes before the official announcement. That's because Burger traded the Chairmanship of the Commission (at a high salary, appointed by the President, including the firing of the former Chairman, Jepson) for letting Reagan name a new Chief Justice.

Other than that one instance, I offer nothing more than educated guesses on this process.

Congressman Billybob

Latest column: "The Fry Cook Rule for the Supreme Court"

96 posted on 07/19/2005 8:51:30 AM PDT by Congressman Billybob (Will President Bush appoint a Justice who obeys the Constitution? I give 85-15 odds on yes.)
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To: Texas Federalist

"Right, but Garza felt compelled, when the issue arose, to follow Roe v. Wade while criticizing it in an opinion."

That was in an OPINION.

"If Clement was strongly anti-Roe, she could have qualified her comment."

Her comment was part of a CONFIRMATION HEARING.

Big difference, I think.


97 posted on 07/19/2005 8:52:02 AM PDT by John Robertson
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To: Oliver Optic

I admit I am troubled by that, but let me play devil's advocate for a second: this confirmation was for a circuit court seat that doesn't have the same authority to revisit SC decisions like the SC does. In other words, the 5th Circuit is bound to follow the SC, so Roe IS settled law as far as the COA is concerned.


98 posted on 07/19/2005 8:53:18 AM PDT by 1L
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To: Theodore R.

She is from Alabama. She went to the U of A. Roll Tide! She went to Tulane Law School. That's the extent of my knowledge. lol


99 posted on 07/19/2005 8:54:07 AM PDT by petitfour
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To: Pyro7480

Bush doesn't need two fights. He should make sure he only riles the libs.


100 posted on 07/19/2005 8:54:20 AM PDT by 1Old Pro
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