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To: Kryptonite
Is Ginsberg out there convincing everybody else of the correctness of her position [...] ?

Yes, she is. There is a whole other philosophy to interpretation of the Constitution as a "living breathing document" that can be manipulated into any form to solve any fleeting social ill. Ginsberg is a leading light in that movement, though I believe Stevens and Tribe are its intellectual heroes.

Miers has her heart in the same places I do, I think. She looks to be someone who would support "Under God", rights granted by our Creator, the right to life - each of these issues distinguishes our country from communist countries.

I note your use of the phrase "I think."
There is a whole lot of projection and conjecture there.
You don't know what she actually believes.
It's hard to make sense of it so far from her writings.

I care about how she's gonna vote. That's determined more by her heart and instincts than her intellect.

That is unfortunate.
As I've said before, votes only shape Court decisions, Opinions shape law.

If her Opinion does not withstand the test of time, then her votes will be overturned. If her Opinions do not stand up to intellectual scrutiny, then she will not influence or attract the next generation of law students. Even worse, she will repel them from Conservative thought. A dim Conservative Justice can do far more harm to the Movement than any Liberal ever could. This you clearly do not understand.

You want a quick fix, but you fail to see the more significant long-term damage that can be done by appointing an unskilled Justice such as Miers in haste. Votes are not the life's blood of the Court. Opinions are, and Miers doesn't appear capable of crafting a coherent or respectable one.
270 posted on 10/20/2005 8:55:57 PM PDT by counterpunch (Save the GOP - withdraw Miers now)
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To: counterpunch

Ginsberg isn't a leading light in the mind of America.

I think, therefore I am. That's why if Miers really is a stealth conservative I'll be happy. So sue me I'd like to see her testify before the committee.

And all those "bright, skilled" Republicans like Souter, Stevens, Kennedy, and O'Connor have wrought more havoc on conservatives and the movement with their VOTES than you are willing to understand.

The law is what the Supreme Court DECIDES it is. You have a distorted view of the importance of holdings vs. opinions that my intimate knowledge of the workings of an appellate court simply cannot agree with, particularly in this day and age of constant results-oriented decision making at all levels of the judicial branch.


275 posted on 10/20/2005 9:10:25 PM PDT by Kryptonite (McCain, Graham, Warner, Snowe, Collins, DeWine, Chafee - put them in your sights)
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