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Tuesday, January 17, 2006

The Radical Bloc Emerges: John Roberts Sides With Scalia and Thomas in His First Dissent

A remarkable thing happened today: by a 6-3 vote, the Supreme Court upheld Oregon's assisted suicide law in Gonzales v. Oregon. The Court failed to overturn a previous decision that declared that individuals lack the right to die. However, the holding of this case ensures that the Attorney General cannot unilaterally determine that assisted suicide is not a "legitimate medical purpose" in order to punish doctors following a state law.

Justice Kennedy, the only remaining conservative on the court with a legitimate commitment to the rule of law, wrote that the "authority claimed by the attorney general is both beyond his expertise and incongruous with the statutory purposes and design." Ashcroft's stunning decision to expand his power was rejected and our nation is safer as a result of today's decision.

The real story lies beyond this case. Chief Justice John Roberts took part in Scalia's dissent; Clarence Thomas dissented separately. I predicted that Roberts will be somewhere between Scalia and Thomas months ago as others tried to claim that he would not be as conservative. This opinion indicates Roberts' view that the executive has expansive power beyond that which the Founders contemplated. More disturbing opinions will result in the future. For now, Justice Kennedy is all that stands between the rule of law and absolute tyranny. We need to hope, pray and wish that the 5 legitimate Justices remain on the Court until a Democratic President can appoint successors. Otherwise the rule of law may be lost forever.

Comments on ""


Blogger Tran said ... (9:25 AM) : 

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Blogger Tran said ... (9:42 AM) : 

The Dems are weak...

This is an excellent opportunity for the Democrats to attack Alito. They can now, absolutely, proclaim that the balance of the court has been thoroughly tilted and that another staunch conservative simply cannot be appointed. Dems are looking to rally the public against Alito, well, one good way to get it would be to show the American public how conservative Roberts is.

We all listened while Republican dogs told us that Roberts would uphold the law yada yada yada. Those of us with a few functioning braincells immediately recognized this fallacy. Now the dems have some concrete proof that America just had a conservative judicial activist crammed up its keister, and that is excellent ammunition to fight Alito's nomination and gain public support.

Hasn't happened yet. Probably won't happen... not because they don't recognize the opportunity to gain the public support, but because they are too pathetic. Apparently, years of abuse has broken the democratic party's spirits and now the party is a whimpering puppy with its tail between its legs, begging the repubs for scraps of political power.

I applaud Gore for stepping up against Bush, but if he really wants to help America, he needs to kick his own party in the @$$ and get them in gear. This is no longer politics, this is war, and the conservatives are taking no prisoners and making no concessions.


Blogger Michael Alexander said ... (10:51 AM) : 

Here, here. The Democrats are such a sorry bunch of pathetic losers that it would be funny if it wasn't killing America. The Democrats in power now are just trying to keep their jobs. There is no movement, no goal to retake the real power, no fresh ideas.


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