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March 21, 2003

The Ever-witty Easterbrook: A propos

The Ever-witty Easterbrook:

A propos of nothing, I just finished reading the two appellate decisions in the pledge cases (I really ought to be writing my final paper on judicial selection). I think the Nnth Crcuit is completely right-- "under god" fails every test the Court has offered. Nonetheless, Easterbrook wins the "best line" competition:

Plaintiffs observe that the Court sometimes changes its tune when it confronts a subject directly. True enough, but an inferior court had best respect what the majority says rather than read between the lines. If the Court proclaims that a practice is consistent with the establishment clause, we take its assurances seriously. If the Justices are just pulling our leg, let them say so.

At some point, I'm going to write about the alarming use of history in court cases. It's good stuff, so far as it goes, but I'm unconvinced that a page of history defeats a book of logic.



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For Example: Here's a post

For Example:

Here's a post from Shonda at Diotima.

"We believe in acting courageously, especially as allies with those who have little or no voice and little or no power." How much of a voice does an unborn baby have? How much power do the victims of partial-birth abortion have?
I guess what Planned Parenthood is trying to say is, "We believe in acting courageously, when it's convenient, and as long as the powerless we are helping are not innocent babies or oppressed women in Iraq."

Cute. I'll leave the oppresed women in Iraq bit alone for now-- I happen to fairly sympathetic to the Diotimans on that score. But honestly, I think the whole argument is over whether or not a fetus is a human being. If it's not, after all, then obviously the fact that it has little voice and little power is immaterial. Snails, dogs, and toothbrushes all have very little in the way of voice or power, but (by and large) aren't entitled to courageous defense. Accusing abortion providers of being immoral baby-killers is one thing-- it rests on an empirical/philosophical question we haven't been able to resolve. But accusing them of being inconsistent on this score is just dumb. It presumes the exact thing that pro-lifers have yet to prove.



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Sleeping with the Enemy: I've

Sleeping with the Enemy:

I've just added diotima to the links at the right-hand side of the page. Ordinarily, I agree with Eugene Volokh that one needn't comment on blogrolling or un-blogrolling somebody. Nonetheless, I'm going to do so this time. Partially this is because this may be the first time I've added a link of something that I rarely agree with.

Diotima is Sara Butler's blog(she has a sidekick, a Ms. Shonda Werry). Sara Butler is a 3rd-year student at the University of Chicago. Now, on the one hand I think she gets a bad rap around here, as I've said before. But on the other hand, a lot of the things posted here seem very repetitive and unconvincing, although it looks like the worst offenders are Ms. Werry's, rather than Ms. Butler's.

At any rate, just wanted to make clear what should already be obvious. The webpages we include at the side are things we find interesting, or read fairly often. No endorsement is expressed or implied.



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A Sad State of Affairs:

A Sad State of Affairs:

From the New York Times

"This is one of the most worthwhile things I have ever done in my life," said Elliot Rubin, a 54-year-old English teacher, who sat under arrest in one San Francisco intersection, hands cuffed behind his back.

Forgive my being cynical, but do you know those people for whom their wedding day is the happiest day of their life? They make me sad too.



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