"The fox knows many things, but the hedgehog knows one big thing."

                --Archilochus

Glenn Reynolds:
"Heh."

Barack Obama:
"Impossible to transcend."

Albert A. Gore, Jr.:
"An incontinent brute."

Rev. Jeremiah Wright:
"God damn the Gentleman Farmer."

Friends of GF's Sons:
"Is that really your dad?"

Kickball Girl:
"Keeping 'em alive until 7:45."

Hired Hand:
"I think . . . we forgot the pheasant."




I'm an
Alcoholic Yeti
in the
TTLB Ecosystem



Monday, October 31, 2005

Consider

"Not only did Roe [v. Wade] not . . . resolve the deeply divisive issue of abortion; it did more than anything else to nourish it, by elevating it to the national level, where it is infinitely more difficult to resolve. National politics were not plagued by abortion protests, national abortion lobbying, or abortion marches on Congress before Roe v. Wade was decided. Profound disagreement existed among our citizens over the issue - as it does over other issues, such as the death penalty - but that disagreement was being worked out at the state level. As with many other issues, the division of sentiment within each State was not as closely balanced as it was among the population of the Nation as a whole, meaning not only that more people would be satisfied with the results of state-by-state resolution, but also that those results would be more stable. Pre-Roe, moreover, political compromise was possible.

"Roe's mandate for abortion on demand destroyed the compromises of the past, rendered compromise impossible for the future, and required the entire issue to be resolved uniformly, at the national level. At the same time, Roe created a vast new class of abortion consumers and abortion proponents by eliminating the moral opprobrium that had attached to the act. ("If the Constitution guarantees abortion, how can it be bad?" - not an accurate line of thought, but a natural one.) Many favor all of those developments, and it is not for me to say that they are wrong. But to portray Roe as the statesmanlike "settlement" of a divisive issue, a jurisprudential Peace of Westphalia that is worth preserving, is nothing less than Orwellian. Roe fanned into life an issue that has inflamed our national politics in general, and has obscured with its smoke the selection of Justices to this Court, in particular, ever since."

Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833, 995-96 (1992)(Scalia, J., dissenting).

Comments on "Consider"

 

Anonymous Anonymous said ... (4:45 PM) : 

I may not know standard law citation practices, but I believe Scalia's first initial is 'A' and not 'J.'

 

Blogger Gentleman Farmer said ... (9:05 PM) : 

The "J" in this instance is the initial of his title, "Justice" rather than his given name "Antonin."

 

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