Quote of the Day

By AndrewHyman Posted in Comments (2) / Email this page » / Leave a comment »

I always liked the bluntness of this quote:

Aware that in Roe it essentially created something out of nothing and that there are many in this country who hold that decision to be basically illegitimate, the Court responds defensively.... I do not share the warped point of view of the majority, nor can I follow the tortuous path the majority treads in proceeding to strike down the statute before us. I dissent.

---Justice Byron White dissenting in THORNBURGH v. AMERICAN COLL. OF OBST. & GYN., 476 U.S. 747 (1986).

Thanks for pointing it out. I hadn't read Thornburgh until you pointed it out, today. And as a great example of NOT adhering to replacement of SCOTUS Justices on a status quo ante basis (one of the arguments fronted by liberal GOP and DEM alike to justify Miers as a replacement for O'Connor), White's vacancy was filled by Ginsburg.

Reply To ThisUser Info#1 — Sat, 2006-10-21 13:55

"This Court's abortion decisions have already worked a major distortion in the Court's constitutional jurisprudence." - O'CONNOR, J., dissenting

Talk about bluntness! JRB or Pryor couldn't have put it better! :D

Actually, I only had time to briefly scan the opinions in that case but they appear to be fascinating, esp. Stevens' concurrence, which largely entails a point-by-point dissection of White's whole history on the issues at hand, from Griswold forward; as well as Burger's dissent where he 'defends' his vote in Roe.

Must reading for anyone interested in this issue, or the Court in general. Thanks for the link, Andrew.

Reply To ThisUser Info#2 — Sat, 2006-10-21 17:22




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