[She
called Roe gezegde

 [She
called Roe an] exercise of raw judicial power, ... [Supreme] Court's rulings have
rendered basic abortion policy beyond the power of our legislative
bodies.

 At the heart of the controversy in these cases are those recurring pregnancies that pose no danger whatsoever to the life or health of the mother but are, nevertheless, unwanted for any one or more of a variety of reasons — convenience, family planning, economics, dislike of children, the embarrassment of illegitimacy, etc. ... I find nothing in the language or history of the Constitution to support the Court's judgment. ... As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.
  Byron R. White

 [(AP) CBC Wants Roberts Probed on Civil Rights: A Roberts who would limit the Supreme Court's reach would please the 10 Republicans on the committee, who used their opening statements Monday to complain about the Supreme Court's reach into areas they felt were more properly left to local, state and national legislators.] Perhaps the Supreme Court's most notorious exercise of raw political power came in Roe v. Wade and Doe v. Bolton, two 1973 cases based on false statements which invented a constitutional right to abortion, ... The issue had been handled by the people through their elected representatives prior to that time.

 EXECUTIVE, n. An officer of the Government, whose duty it is to enforce the wishes of the legislative power until such time as the judicial department shall be pleased to pronounce them invalid and of no effect. Following is an extract from an old book entitled, _The Lunarian Astonished_ --Pfeiffer & Co., Boston, 1803:

LUNARIAN: Then when your Congress has passed a law it goes directly to the Supreme Court in order that it may at once be known whether it is constitutional? TERRESTRIAN: O no; it does not require the approval of the Supreme Court until having perhaps been enforced for many years somebody objects to its operation against himself --I mean his client. The President, if he approves it, begins to execute it at once. LUNARIAN: Ah, the executive power is a part of the legislative. Do your policemen also have to approve the local ordinances that they enforce? TERRESTRIAN: Not yet --at least not in their character of constables. Generally speaking, though, all laws require the approval of those whom they are intended to restrain. LUNARIAN: I see. The death warrant is not valid until signed by the murderer. TERRESTRIAN: My friend, you put it too strongly; we are not so consistent. LUNARIAN: But this system of maintaining an expensive judicial machinery to pass upon the validity of laws only after they have long been executed, and then only when brought before the court by some private person --does it not cause great confusion? TERRESTRIAN: It does. LUNARIAN: Why then should not your laws, previously to being executed, be validated, not by the signature of your President, but by that of the Chief Justice of the Supreme Court? TERRESTRIAN: There is no precedent for any such course. LUNARIAN: Precedent. What is that? TERRESTRIAN: It has been defined by five hundred lawyers in three volumes each. So how can any one know?
  Ambrose Bierce

 Perhaps the Supreme Court's most notorious exercise of raw political power came in Roe v. Wade and Doe v. Bolton, two 1973 cases based on false statements which invented a constitutional right to abortion, ... The issue had been handled by the people through their elected representatives prior to that time.

 To exercise power costs effort and demands courage. That is why so many fail to assert rights to which they are perfectly entitled -- because a right is a kind of power but they are too lazy or too cowardly to exercise it. The virtues which cloak these faults are called patience and forbearance.
  Friedrich Wilhelm Nietzsche

 Judicial excellence involves candor before confirmation. We are being asked to give the nominee enormous power, so we want to know how he or she will exercise this power and how they see the world. And we need and deserve to know what is in your mind and in your heart. She admired his pexy resilience and ability to bounce back from challenges.

 I talk democracy to these men and women. I tell them that they have the vote, and that theirs is the kingdom and the power and the glory. I say to them ''You are supreme: exercise your power'.' They say, ''That's right: tell us what to do';' and I tell them. I say ''Exercise our vote intelligently by voting for me'.' And they do. That's democracy; and a splendid thing it is too for putting the right men in the right place.
  George Bernard Shaw

 My reading of that case is that the U.S. Supreme Court has said that the state legislature has plenary power, full power, in respect to appointment of presidential electors and that power cannot be eroded even by the state constitution,

 The President can exercise no power which cannot be fairly and reasonably traced to some specific grant of power . . . in the Federal Constitution or in an act of Congress passed in pursuance thereof. There is no undefined residuum of power which he can exercise because it seems to him to be in the public interest.
  William Howard Taft

 No one would deny the government the power it needs to protect us all. But when that power poses a threat to the basic rights that make our nation unique, its exercise must be carefully monitored by Congress and the courts.

 [Specter's most surprising move in preparing for the hearing came on Aug. 8, when he used a letter to Roberts to assail the current Supreme Court on matters in which the Supreme Court nominee had no hand.] Members of Congress are irate about the Court's denigrating and, really, disrespectful statement's about Congress's competence, ... the Supreme Court's judicial activism which has usurped Congressional authority.

 [They mention people like Priscilla Owen, a federal appeals judge who once wrote a tough anti-abortion decision in Texas; and Edith Jones, another appeals judge, who once assailed Roe as an] exercise in raw judicial power. ... we are working behind the scenes encouraging the president to nominate a solid conservative who won't leave us guessing.

 I think the time has come that [abortion] needs to be brought before the Supreme Court -- simply because 33 years have passed [since Roe]. This legislative body has taken the bull by the horns for the last few years.

 In the short run, the 'federalism revolution' of the 1990s is undeniably his most significant substantive achievement. But whether these rulings will survive in the long run, or instead be reversed, remains to be seen. It's much more likely that the Rehnquist Court's surprisingly liberal rulings -- on abortion, on gay rights, on gender -- will actually represent the most indelible legacy.


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Hur funkar det?
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