Monday, October 17, 2005

Miers hearing: Roe v Wade opinion troubling

Powerline links to OpinionJounal: Did Christian conservatives receive assurances that Miers would oppose Roe v. Wade?

This is a problem.

The hard stand taken by the Dems that Roe v Wade is inviolate is only buttressed by the context of this 'conference call'.

Roe v Wade was bad law, based on a non-existant Constitutional right, only available through a stretch of the imagination as to what the Framers might do when confronted with need for "Privacy of Action".

But there comes a time when we must move on. Revisiting this, over and over, serves no good purpose and puts Conservatives in the ridiculous position of advocating legislation through the courts.

On the Conservative side, we have to recognize that the insistance on abortion rights is only the bell-sheep of the Privacy tenet which serves MORE purposes than just the right to abort. It implies that other private actions are bound by the tenet. "Right to marry whoever and however many you please" being the next obvious application.

But it's possible to take a stand and be firm without overturning Roe. And without the fallout that would result.

Miers had better frame the best argument she's ever done to avoid the trap.

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