Wednesday, January 11, 2006

It's about individual liberty

If I recall correctly, all the cases Senator Sam Brownback cited, and there were quite a few, as wrongly decided, were cases where the took away individual rights in favor of government control over that individual and majority rule.

Dred Scott. Plessy. Korematsu. Roe v. Wade.

Which of these is not like the other?

It was the decisions overturning these cases (except for Korematsu, which was not) which, like Roe, affirmed indivudal autonomy and choice against societal control.

Roe v. Wade is self-evidently more like "Brown v. Board of Education" that it is like Plessy.

When the Supreme Court has gotten it "wrong" in the past, it has been because they deferred to majority rule, and not in favor of individual civil constitutional rights.

A decision to overturn Roe v. Wade would be remembered with the decisions we regard in retrospect as "wrong," even using the standards a Senator like Sam Brownback.

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