Posted on 04/18/2007 8:18:35 PM PDT by AZRepublican
Yo newbie, go to your room.
The clever thing Thomas is doing is to invite the left wingers to attack the partial birth abortion ban on “interstate commerce” grounds, but if they win, it will open the door for ending the vast expansion of the Interstate Commerce Clause. That expansion is so vast and vague that it is now called the “Commerce Clause”. The work interstate was interpreted out of existance back during the FDR administration.
Scalia has also dissented on a regulation of an endangered species, a frog which “for reasons of its own, lives its entire life within the boundaries of California...”. That indicates that he would seem to think that the word “interstate” has meaning, putting him at odds with most of the court.
The left wing of the court decides their result first, and then works as necessary to find judicial reasoning that supports it. The right wing seems to avoid that method. The center will use that method sometimes, and sometimes not.
Better dead, than Red!
“Better dead, than Red!
How very uncharitable! The Reds won’t win big this year (too young), but in ‘08 they could well take it all and your steenking team will be left at the watering trough.
Ta ta
The Dodgers are not known for charity, but rather for stolen bases.
That is charity of the negative kind.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.