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To: stockstrader

I do not believe that this quotation cited in Newsmax makes her position clear. Let's take a look at it....

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."

First, her statement that the Supreme Court "has clearly held that the right to privacy guaranteed by the Constition includes the right to have an abortion." This is a correct statement of the law. The Supreme Court has so held this to be true. Justices Scalia and Thomas would agree. She is simply stating the position of the current Supreme Court.

Second, her statement that "the law is settled in that regard" is also a correct statement of the law as it now stands.

These statements are not particularly useful in trying to determine how she might decide an abortion case and they do not reflect what her own viewpoints would be. Really, it boils down to what stare decisis effect she might give to Roe v. Wade and its progeny.

From all that I have seen and read from her decisions, she seems to be a strict constructionist. Taking all of this together, it is very hard for anyone to predict extactly how she would vote. For that matter, it was just as hard to predict how Scalia or Thomas would have voted at the time they were nominated.

No nominee will come out and state that Roe v. Wade should be overturned. It just won't happen that way. There will always be a certain guessing game in terms of trying to predict who a nominee will behave once on the Court.




113 posted on 07/19/2005 9:50:28 AM PDT by rog4vmi
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To: rog4vmi

If she is a strict constructionist, she will belive the Constitution trumps all, the intent of the founders next and only in last place, above judicial whim, is precidence.


114 posted on 07/19/2005 9:53:35 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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