Thursday, July 07, 2005

The legacy of Sandra Day O'Connor

Read the latest column by Ann Coulter on the legacy of Sandra Day O'Connor.

Excerpts:

Others say her worst decisions came in the area of religion. In determining the constitutionality of religious displays on public property and government aid to religion, Justice O'Connor evidently decided she preferred her own words, "entanglement" and "endorsement," to the Constitution's word "establishment." No one could ever understand O'Connor's special two-prong entanglement/ endorsement test – including Justice O'Connor. Over the years, she struggled to resuscitate her own test by continually adding more tines to the prongs.

Among the tines to the "endorsement" prong is the "outsider" test, requiring that the government not make a nonbeliever feel like an "outsider." But wait! There are spikes on those tines! O'Connor discovered a spike off the Feelings tine of the Endorsement prong, which requires the court's evaluation of the feelings of the nonbeliever to be based on a "reasonable observer" who embodies "a community ideal of social judgment, as well as rational judgment."


And...
For all the blather about O'Connor's moderation and pragmatism and motherly instincts, Mommie Dearest signed on to the most monstrous opinion in the history of the court, Stenberg v. Carhart, which proclaimed a heretofore unnoticed constitutional right to puncture the skull of a half-delivered baby and suction its brains out – just as the framers so clearly intended.

0 Comments:

Post a Comment

<< Home