Wednesday, September 14, 2005

It's The Law, Not Rocket Science

Always bear in mind that the single most important thing a lawyer does is convince the client that the law is rocket science. Common sense depends upon what the commoner is sensing at any given moment in time and the idea that judges are dispassionate representatives of the law is bilgewater, and particularly odious bilgewater at that. The VAST majority of law depends entirely upon society's perspective and therefore era-specific.

It remains therefore incumbent upon the legislative and the judiciary to decide when a society has sufficiently shifted position on a matter at hand, and to legislate or judge, representative to the dictates of that change.

The serious problems arise when public opinion is hijacked by special interests, and under the guise of changing to accommodate the people, the law is changed to suit the most vocal of the people.

The majority of the country does not believe abortion to be a right. The minority of the country fought long and hard to change that, and succeeded in doing so. There is no specific law that approves of and gives a woman the legal permission to abort a child. The constitution has been interpreted to include that right not because the majority demanded it, but because the majority chose not to fight it during a time when a liberal judiciary was disposed to extend that interpretation.

And this is the crux of the rocket science. The gaudy obfuscation that was constructed to hide the most simple of facts. A truly conservative Supreme Court would strike down Roe vs,. Wade in a heartbeat, leaving the liberal platform supporting it with, well, nothing to stand on. There does not exist a plurality to make abortion a right, so the legislature cannot appease the abortionists by taking it to the people. The ONLY hope rests with a liberal enough Supreme Court that legislated from the bench to make abortion legal to begin with, and this is not true merely when speaking of Roe vs. Wade, but in each and every black-robe law that the liberals have slipped past the voting booth.

No comments: