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April 22, 2005
Point, Counterpoint
Krauthammer writes:
Have that independence and supremacy been abused? Grossly. What other advanced democracy would radically legalize abortion by judicial decree rather than by democratic will expressed through legislatures or referendums? What sane democracy allows four unelected robed eminences in Massachusetts to revolutionize the very definition of marriage, the most ancient institution in society?
Matt responds:
Obviously, no nation other than the United States would allow robed eminences in Massachusetts to make decisions about the legality of discrimination on the basis of sexual orientation in marriage, but provincial Supreme Courts in such far-off lands as Canada have likewise been ruling on such matters. And if you want to know what other advanced democracy would have judicial decrees legalizing abortion you, again, don't need to look further than Canada. All of which would merely demonstrate ignorance on Krauthammer's part were he not, well, Canadian.
Heh.
April 22, 2005 | Permalink
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Comments
The Morgenthaler case is a bit more complex than suggested here. Morgenthaler was twice acquitted by a jury in Quebec (the most Catholic of Canada's provinces). The appellate court system initially reacted by ordering Morgenthaler to be convicted despite the findings of the jury (Morgenthaler never denied giving abortions, just that the law forbidding him to do so was invalid - the juries, but not the courts, agreed). Eventually, Canadian appellate courts were restricted by law to ordering new trials and had the right to change verdicts taken away. (The legal stuff is a bit more complex but I think that covers the main points.)
Posted by: Stan Jones | Apr 22, 2005 1:38:34 PM
Is Charlie also upset that the Courts made Southern hicks share the water fountains with blacks?
Posted by: pgl | Apr 22, 2005 2:22:46 PM
Isn't the oldest instituiton in human history (so far as that can be understood) the obedience of younger less experienced members of the tribe to the wisdom of tribal elders? I mean, local patriarchal domination in directing the religo-economic activities (fertility and crop rituals, how much and who to trade with after the harvest) is much older than monogamous, institutionalized marriage. Older even than monotheism. But then again I have a degree in anthropology not psychiatry so what would I know.
Posted by: justin | Apr 22, 2005 2:31:25 PM
I do believe the technical term for Matt's comment is "Snap!"
Bitchslap works too though :-)
Posted by: Enrique | Apr 22, 2005 6:50:13 PM
What sane democracy allows a crippled, half-witted, partisan scribbler to pontificate about subjects he doesn't understand?
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