Tuesday, January 13, 2009

Stare Decisis When Convenient

Supreme court nominees have started to pledge to apply stare decisis to Roe v. Wade. (I'm waiting to see a senator give up that much of their constitutional power to another branch of government.) But if this stare decisis stuff is so great, let's really put it to use. How about the right to bear arms? There is a much, much, much longer history of citizens being allowed to own guns than there is of the 'right' to abortion. Why, oh why doesn't stare decisis apply here? Could it be that the senate judiciary committee thinks there has been a 220 year long misapplication of the constitution in the case of the second amendment? But I think that if guns could be used to perform abortions the second amendment would be safer. Of course, you'd have a hard time convincing me that any member of congress gives a fat f**k about my constitutional rights. I think they only feel they need to answer to K Street.

I originally posted this in 2007 but I like it and decided to recycle it.

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