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ODE TO JOY (Clement)
National Review- The Corner ^ | 07/19/05 | Ramesh Ponnuru

Posted on 07/19/2005 12:25:06 PM PDT by Pokey78

The Washington Post reported earlier (I can't find the link) on Edith Brown Clement: "Known as a conservative and a strict constructionist in legal circles, Clement also has eased fears among abortion-rights advocates. 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.'"

I don't believe for a minute that these statements have "eased fears" among anyone in the abortion-rights groups, and they shouldn't inspire fears among pro-lifers--which, judging from some of the blog commentaries and emails I've been reading, they are. That is precisely the stance that an appeals-court judge has to take, and it says nothing about how that judge would rule if she were on the Supreme Court. Indeed, if an appeals-court nominee didn't say something like that before the Senate, she wouldn't get confirmed. So for pro-lifers to demand that Supreme Court nominees never have made such statements is self-defeating: It means that almost everyone on the bench would have to be wiped off the list of Supreme Court hopefuls. No anti-Roe justice would be able to rise through the ranks.

Even Bill Pryor, who said Roe was an abomination, rightly promised to accept the authority of the Supreme Court over the lower courts in this matter.

There may be a case against Clement, but this isn't it.


TOPICS: Editorial; Government; News/Current Events
KEYWORDS: edithclement; ponnuru; scotus
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1 posted on 07/19/2005 12:25:07 PM PDT by Pokey78
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To: Pokey78

Bump


2 posted on 07/19/2005 12:26:32 PM PDT by michaelt
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To: Pokey78

Maybe this will untwist the panties of some of our loonier members for now.


3 posted on 07/19/2005 12:26:59 PM PDT by TheBigB (My train of thought is still boarding at the station.)
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To: Howlin; soundandvision

Ping!


4 posted on 07/19/2005 12:27:24 PM PDT by TheBigB (My train of thought is still boarding at the station.)
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To: Pokey78
msnbc has it too
5 posted on 07/19/2005 12:28:04 PM PDT by minus_273
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To: TheBigB

Thank you


6 posted on 07/19/2005 12:28:45 PM PDT by soundandvision
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To: Pokey78
That is my take on it too. If Row Wade is established law, (unfortunately it is) than all judges under the SCOTUS must make rulings using that as a basic.

Once on the court, she had the right to interpreter the law.

7 posted on 07/19/2005 12:30:00 PM PDT by mware ("God is dead" -- Nietzsch"....... "Nope, you are"-- GOD)
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To: Pokey78
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.'"

[snip]

That is precisely the stance that an appeals-court judge has to take, and it says nothing about how that judge would rule if she were on the Supreme Court.

It makes me damn nervous. I'd be happier with a judge who said "Roe is an abomination. There is no right to privacy in the Constitution. That ruling was made up for political purposes by activist judges."

Anyone who said that would have my support. This woman does not have my support.

8 posted on 07/19/2005 12:30:02 PM PDT by ClearCase_guy
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To: Pokey78
I agree. I don't think we should be concerned with how a judge will rule on a particular case. We should focus more on the judge's overall philosophy and method of interpreting the law. While we can't secure a guaranteed vote, we can get a judge who won't be an activist on the bench. That's the important consideration.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
9 posted on 07/19/2005 12:30:24 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Pokey78
As I said earlier.
10 posted on 07/19/2005 12:32:04 PM PDT by Mike Darancette (Mesocons for Rice '08)
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To: ClearCase_guy
I would like that too but as in all other candidates for SC I think she should hold to tradition and state that she can not make any statement since she may be asked to rule on the issue in the future.

Hey it worked for Ginsburg.

11 posted on 07/19/2005 12:32:15 PM PDT by mware ("God is dead" -- Nietzsch"....... "Nope, you are"-- GOD)
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To: TheBigB

LOL! Don't be silly.


12 posted on 07/19/2005 12:32:19 PM PDT by rabidralph (The president will announce his SCOTUS pick soon. I hope it's me.)
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To: TheBigB

Slap yourself..


13 posted on 07/19/2005 12:33:59 PM PDT by mystery-ak
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To: TheBigB

doubtful, but we can always hope.
We should start a thread to vow to leave Free Republic IF....to match their numerous times they've vowed to leave the Republican party.


14 posted on 07/19/2005 12:34:37 PM PDT by WoodstockCat (Gitmo? Let them eat Pork!)
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To: mystery-ak; rabidralph

Guess you're right. Some folks are just bound and determined to piss in the punchbowl at all costs.


15 posted on 07/19/2005 12:35:20 PM PDT by TheBigB (My train of thought is still boarding at the station.)
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To: Pokey78
Nice to see people here putting politics above life.
16 posted on 07/19/2005 12:36:32 PM PDT by Extremely Extreme Extremist
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To: michaelt

Excuse me for not knowing, but what does "bump" mean? I am new here.


17 posted on 07/19/2005 12:37:16 PM PDT by GrannyK
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To: TheBigB
Maybe this will untwist the panties of some of our loonier members for now.

I've already pointed one of them here, for all the good it will do.

18 posted on 07/19/2005 12:39:42 PM PDT by kevkrom (WARNING: If you're not sure whether or not it's sarcasm, it probably is.)
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To: GrannyK

"BUMP" means the article goes back up to the top of the list of articles in the main window. Even simply responding to another poster will do the same.


19 posted on 07/19/2005 12:39:46 PM PDT by Extremely Extreme Extremist
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To: Extremely Extreme Extremist
Nice to see people here putting politics above life.

What's that supposed to mean?

20 posted on 07/19/2005 12:42:08 PM PDT by kevkrom (WARNING: If you're not sure whether or not it's sarcasm, it probably is.)
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