Free Republic

Kagan: Constitution as Charter of “Positive Liberties”By Ed Whelan May 17, 2010 12:19 PM According to this Wall Street Journal article, during her service as a law clerk to Justice Thurgood Marshall in 1987, Elena Kagan took the position that the Constitution confers so-called “positive” rights to governmental aid, not just “negative” liberties protected against governmental interference or penalty. Specifically, with respect to one certiorari petition she expressed her “worry that a majority of this court will agree with Judge Posner that ‘the Constitution is a charter of negative rather than positive liberties.’” And with respect to another, she discussed...

Don't pop the champagne yet - PBA analysis Colorado Right To Life Summary of the Ruling Upholding the Partial-birth Abortion Ban By Pastor Bob Enyart Denver Bible Church (for Colorado Right to Life) Shirley Dobson, on the day of the ruling, agreed with talk show host Hugh Hewitt that the Supreme Court upholding the partial-birth abortion ban, "is an answer to prayer." The tragedy, which she was unaware of, but which Hewitt as a lawyer should have known, is that not a single abortion, late-term or otherwise, has been or will be, canceled due to this ban. And THE BAN...