Wednesday, July 06, 2005

Ann Coulter Goes Through the Worst O'Connor Decisions
Of course, it was often hard to say what her decision was, period. In lieu of clear rules, or what we used to call "law," O'Connor preferred conjuring up five-part balancing tests that settled nothing. That woman could never make up her mind!

In a quarter-century on the highest court in the land, O'Connor will have left no discernible mark on the law, other than littering the U.S. Reports with a lot of long-winded versions of the legal proposition: "It depends."

Some say her worst opinion was Grutter v. Bollinger, which introduced a constitutional rule with a "DO NOT USE AFTER XXXX DATE." After delivering a four-part test for when universities are allowed to discriminate on the basis of race (a culturally biased test if ever there was one), O'Connor incomprehensibly added: "The Court expects that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today."

So now constitutional rules come with expiration dates, bringing to mind the image of O'Connor proffering one of her written opinions to Justice Scalia and asking, "Does this smell bad to you?" Strangely enough, she failed to specify which month and day in the year 2028 that affirmative action would no longer be justifiable under the Constitution.

Don't overlook the importance of being the swing vote. Because of O'Connor, women's rights still are able to hang on by a thin thread.

Recently, a decision was made in the Supreme Court to keep the police from being responsible for upholding retraining orders. It officially made the restraining order a worthless piece of paper. That means that the cops don't have to help the woman getting stalked and terrorized by her ex-husband, despite the fact he's supposed to stay 500 feet away from her. There are thousands of women in that situation.

All the judges voted for this law except two and guess who? The two females on the bench, Ginsburg and O'Connor. Seems like the only ones who cares about and understands the importance of protecting women's rights are women themselves, but I suppose that's nothing new.

O'Connor typically kept women's rights on the forefront. Her decisions were often the swing factor that protected these rights, and we have much to fear with her departure.
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