[montag813]

"During the Clinton administration, (Hatch) would not allow a nomination to move forward unless he had both blue slips," said Sen. Patrick Leahy of Vermont, the committee's top Democrat. "To do differently during the Bush administration would be inconsistent."

Yep, losing sure sucks, Comrade Leahy, doesn't it.

[JackTom]

Here is another recent, highly publicized ruling by the California Supreme Court in which Justice Brown was the lone dissenter. Question before the Court was: What constitutes a rape?

On Jan. 6, the California Supreme Court ruled 6-1 that if a woman rescinds consent during the sex act, the man is guilty of rape if he does not stop immediately.

It also ruled that statements such as "I should go home" constitute an unambiguous "no" on the woman's part. The definition of rape has evolved again.

What are the facts of the case? Seventeen-year-old Laura T. attended an otherwise all-male party at which she did not drink. After allowing two teenaged boys to undress and fondle her in a bedroom -- acts she admitted enjoying -- she had sex with each. Laura did not say the word "no" nor did she resist. Instead, she said, "I have to go home."

Because John Z. continued for approximately four minutes after she first expressed what might have been reluctance, he was convicted of rape.

Rape is an abomination no civilized society can tolerate. But precisely because rape is such a serious crime, it is important to establish explicit and reasonable standards by which to judge the guilt or innocence of those accused.

If a woman (or man) clearly says "stop" during consensual sex, then the partner should be morally and legally constrained to do just that -- stop. But what if the partner proceeds in good faith on the basis of a "yes" given moments before? Common sense dictates that the rescinded "no" must be explicit and that the partner should have a reasonable amount of time to grasp the changed circumstances.

But the court ruled that sex becomes rape the instant the woman rescinds consent and it provided no guidance on what constitutes the withdrawal of consent.

The sole dissenting voice, Justice Janice Rogers Brown, found that none of Laura's statements were "unequivocal." Her requests to go home could have been interpreted as a need for reassurance or a request for greater speed.

This is a nontrivial point. The law assumes that all adults are responsible agents in sexual matters. (Laura T.'s age was not introduced as a significant factor in the court's conclusion.) The law assumes that women and men are able to make their wants known and, so, have a responsibility to do so.