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  #1  
Old 09-10-2008, 11:32 AM
MysticCat MysticCat is offline
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Originally Posted by KSigkid View Post
I don't pay attention at all to abortion, for the reasons KSigRC outlined. Despite what is going on in the states, I think there's almost no chance that Roe or Casey (i.e. the case everyone forgets about) are overturned, or at least in a substantial enough manner to make abortion illegal everywhere. I just don't think you'll ever have a majority of the court who will be so eager to overturn that precedent. You'd need a very conservative justice who doesn't care about precedent, and I don't think that's happening anytime soon. I think it's a hot button issue that gets people's attention, but I don't think anything is changing.
While this isn't a push-button issue for me, and while I agree that we are not likely to see Roe or Casey overruled ouright, I think we very well could see their application limited. The Court has shown itself to be quite willing to respect stare decisis by not overruling precedent outright while limiting the effect of that precedent to the point that it might as well be overruled.

So I wouldn't discount the possibility of the Court chipping away at earlier decisions.
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Old 09-10-2008, 11:54 AM
pbear19 pbear19 is offline
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Originally Posted by MysticCat View Post
While this isn't a push-button issue for me, and while I agree that we are not likely to see Roe or Casey overruled ouright, I think we very well could see their application limited. The Court has shown itself to be quite willing to respect stare decisis by not overruling precedent outright while limiting the effect of that precedent to the point that it might as well be overruled.

So I wouldn't discount the possibility of the Court chipping away at earlier decisions.
Agreed x1000. I am a SCOTUS junkie and I do not see this Court as being so bound by precedent as some of you guys above do. I've seen them make decisions exactly as MysticCat says - without overtly overruling a previous decision, but subverting it so far beyond its original intent as to make the original case virtually obsolete.

Justice Stevens isn't going to live forever, and McCain has expressed admiration for Roberts and Alito. Roe v. Wade isn't the only decision out there, either. The Court has so much more influence than people seem to realize, along a huge scope of issues.

That being said - I choose a party platform based on how well I identify with it as a whole. I have a degree in Economics and spent a good bit of time in college and afterwards studying historical econ. I am not a believer in a pure capitalism system. I realize this sounds preposterous, but I am a bit of a fiscally conservative socialist. It's much harder to explain than I have time to type this morning - but it's based on historical precedent partially here and partially in other countries. Since republicans haven't been fiscally conservative in years, and I am a social liberal, I have no reason not to align myself with the democratic party.

An absolutely fascinating book for anyone who is interested in why some people identify with one party over another is Moral Politics by George Lakoff. It's not without flaws, but it's a great read.
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  #3  
Old 09-10-2008, 12:01 PM
KSigkid KSigkid is offline
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Originally Posted by pbear19 View Post
Agreed x1000. I am a SCOTUS junkie and I do not see this Court as being so bound by precedent as some of you guys above do. I've seen them make decisions exactly as MysticCat says - without overtly overruling a previous decision, but subverting it so far beyond its original intent as to make the original case virtually obsolete.

Justice Stevens isn't going to live forever, and McCain has expressed admiration for Roberts and Alito. Roe v. Wade isn't the only decision out there, either. The Court has so much more influence than people seem to realize, along a huge scope of issues.
I'm a SCOTUS junkie as well (law school has only increased my SCOTUS nerdness), and I would slightly disagree with some of your post. I don't want to derail the thread, however, so if you have any thoughts, or want to discuss it more, feel free to PM me. I'm always up for discussing SCOTUS issues.
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Old 09-10-2008, 12:29 PM
UGAalum94 UGAalum94 is offline
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Originally Posted by MysticCat View Post
While this isn't a push-button issue for me, and while I agree that we are not likely to see Roe or Casey overruled ouright, I think we very well could see their application limited. The Court has shown itself to be quite willing to respect stare decisis by not overruling precedent outright while limiting the effect of that precedent to the point that it might as well be overruled.

So I wouldn't discount the possibility of the Court chipping away at earlier decisions.
And this is my hope/expectation with the judicial appointments that I'd like to see. And really, it's what I think would be the best resolution to the abortion issue and one that would probably reflect the views of most Americans. There seem to be relatively few people at both ends of the abortion rights spectrum: from all abortions legal at any time to no abortions legal at any time for any reason, and yet, the issue is almost always discussed in these terms.

ETA: Interestingly, this was linked on Instapundit today and seemed topical. It's about abortion not being as much of a political issue: http://balkin.blogspot.com/2008/09/i...ncreasing.html

So, I suppose I ignore any promises to ban all abortions but I hope for appointments more likely to restrict it in some cases.

Basically, I ignore most of both parties' platforms. Up until W and the Republican congress during his administration, I regarded the Republicans as less likely to assume that domestic government bloat and intervention were the answers to every issue. (Obviously, I had to be willing to ignore drug policy during my whole life and a few other social issues to maintain this delusion.)

Now, I'm looking at judicial appointments and whether I think a candidate recognizes that military strength (and resolve?) is probably the most important aspect of foreign policy. ETA: I'm interested in American economic strength as well but both parties have strengths and weaknesses on that, I think.

Last edited by UGAalum94; 09-10-2008 at 08:03 PM.
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  #5  
Old 09-10-2008, 12:38 PM
MysticCat MysticCat is offline
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Agreed x1000. I am a SCOTUS junkie . . . .
Quote:
Originally Posted by KSigkid View Post
I'm a SCOTUS junkie as well (law school has only increased my SCOTUS nerdness) . . . .
When you refer to it as SCOTUS, especially in a non-legal forum, the junkie part may be a tad bit redundant. Just sayin'
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Old 09-10-2008, 12:39 PM
KSigkid KSigkid is offline
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Originally Posted by MysticCat View Post
When you refer to it as SCOTUS, especially in a non-legal forum, the junkie part may be a tad bit redundant. Just sayin'
Haha - I came to terms with my nerdness a while ago, although maybe I shouldn't flaunt it quite so much...
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  #7  
Old 09-10-2008, 12:43 PM
MysticCat MysticCat is offline
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Originally Posted by KSigkid View Post
Haha - I came to terms with my nerdness a while ago, although maybe I shouldn't flaunt it quite so much...
LOL. Welcome to my world.
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  #8  
Old 09-10-2008, 02:31 PM
UGAalum94 UGAalum94 is offline
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Originally Posted by pbear19 View Post
Agreed x1000. I am a SCOTUS junkie and I do not see this Court as being so bound by precedent as some of you guys above do. I've seen them make decisions exactly as MysticCat says - without overtly overruling a previous decision, but subverting it so far beyond its original intent as to make the original case virtually obsolete.

Justice Stevens isn't going to live forever, and McCain has expressed admiration for Roberts and Alito. Roe v. Wade isn't the only decision out there, either. The Court has so much more influence than people seem to realize, along a huge scope of issues.

That being said - I choose a party platform based on how well I identify with it as a whole. I have a degree in Economics and spent a good bit of time in college and afterwards studying historical econ. I am not a believer in a pure capitalism system. I realize this sounds preposterous, but I am a bit of a fiscally conservative socialist. It's much harder to explain than I have time to type this morning - but it's based on historical precedent partially here and partially in other countries. Since republicans haven't been fiscally conservative in years, and I am a social liberal, I have no reason not to align myself with the democratic party.

An absolutely fascinating book for anyone who is interested in why some people identify with one party over another is Moral Politics by George Lakoff. It's not without flaws, but it's a great read.
Quote:
Originally Posted by KSigkid View Post
I'm a SCOTUS junkie as well (law school has only increased my SCOTUS nerdness), and I would slightly disagree with some of your post. I don't want to derail the thread, however, so if you have any thoughts, or want to discuss it more, feel free to PM me. I'm always up for discussing SCOTUS issues.
Quote:
Originally Posted by KSigkid View Post
Haha - I came to terms with my nerdness a while ago, although maybe I shouldn't flaunt it quite so much...
So what do you law nerds think about this:

http://www.tnr.com/politics/story.ht...7-faf565ec9105

To me it reads a little like Biden hagiography, but what do you all think? It's linked on Instapundit too.
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  #9  
Old 09-10-2008, 03:34 PM
KSigkid KSigkid is offline
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Originally Posted by UGAalum94 View Post
So what do you law nerds think about this:

http://www.tnr.com/politics/story.ht...7-faf565ec9105

To me it reads a little like Biden hagiography, but what do you all think? It's linked on Instapundit too.
I'll PM you - Rosen has some interesting things to say, but I don't want to derail this thread.
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  #10  
Old 09-11-2008, 09:23 AM
KSigkid KSigkid is offline
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Originally Posted by DaemonSeid View Post
Some of us had this discussion a few months ago about McCain being a POW and a vet. Some of you didn't like the idea that I was put offish about his status being more concerned about what he did in office as opposed to what he did during the war. Fine...cool. BUT...like I said, you served your country years ago...what are you doing NOW.

Just did a lil digging and what I find is bothersome. For someone that has the status and position to do something for those that has been in some of the same situations as he is/was....he looks like he doesn't show any love for fellow vets.

the link shows in numerous cases, he has voted against bills that in many cases could probably help a lot of vets and even voted FOR a bill that would outsouce jobs from Walter P Reed Medical Center.

Here is the link: http://www.aflcio.org/issues/politics/mccain_vets.cfm

Status doesn't mean everything....
This should probably go in the "Election 2008" thread. Unless, of course, you just find it that hard to take off your Partisanship hat when you post.
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