We actually aren't in disagreement here. I was just throwing that out there just to see what you'd say. A judge is charged with upholding the law. If a judge is in violation of an order from a higher court, then I believe that is proper grounds for a judicial misconduct grievance. It would be difficult, at best, to overturn it. They can chip away at it by removing certain protections. For example, they could hear a case regarding late term abortions or parental notification laws and rule for the state. Many would consider that a repudiation of Roe v. Wade...but not in reality. The schools are owned by the government...Augusta is not. I like the effort though.
Ottomaton, I read Heinlein when many of his novels first came out. Of course they could seem sexist today... you have to remember when they were written. I enjoy many things that have elements with which I disagree. I've even read some Tom Clancy. Talk about a sexist! But his first couple of books were excellent Cold War military might-have-beens. My point was a concern over the growing involvement of religion with government and a worry that it will become worse. I'm sure many don't see this as a problem. Heinlein was thinking about it in the '50's.
I'd suggest listenig to this story from today from NPR on a current case before the supreme court. The issue at hand is whether is is acceptable to ban cross burning. One of the defense arguements is that it is not proper to ban specifically cross burning as opposed to banning actions which 'threaten bodily harm', or actions which 'threaten racial violence'. Though a decision has not been made thusfar, the justices seem to be of the opinion that there is no problem specifically banning 'especially virulent' messages of racial hate, like cross burning. This prinicpal would seem to cross over to laws regarding seperation of chuch and state as well...
Refman -- Roe v. Wade is going down...it's ripe for that, because it has been chipped away for so long. it will eventually be a decision for the states...within the next decade, Roe v. Wade will be a memory...in fact, most on the other side of the fence of the argument thought it would be gone a long time ago. just my prediction...
MadMax, I recently read (slate?) that while the pro-life camp likes to make big wins at the federal level, many pro-choice groups are securing medicaid abortions at the state level. A hilarious switch in state vs. fed perspective, but the pro-choice methodology seems to be effective.
that is interesting! i'm seeing the fed/state battle switching on a couple of fronts...mar1juana laws in particular.
