2006/02/22

All Hail the Scalitoson Court

Alito is on the court, and the SCOTUS is gearing up to reconsider the constitutionality of partial birth abortions. Let the rending of clothing and gnashing of teeth begin. But while were all whining about how awful the Scalitoson era will be, let's take breather and consider: The Rehnquist Court made 30 rulings in a decade that limited the power of the federal government, and Alito's appointment is likely to accelerate that trend.

So instead of complaining, maybe we should capitalize. The key is state's rights. Alito is a state's righter, and the plain fact is that no constitutional amendment is going to pass if the blue states don't want it to. ERA didn't, and a Federal gay marriage ban won't either. So I think its time we held the Republican's shoulders to the grindstone of state's rights until they bleed.

California, Michigan hit back at the Feds over medical marijuana. And California, time to counter-sue on the off-shore drilling issue. Get the Scalitoson Court to retire those federal leases permanently.

Oregon won their test case on assisted suicide. So how about the rest of us? Anybody for shoving death with dignity down Bu$hCo's throat?

Air quality standards? Time for a SCOTUS ruling that permanently unchains California and the northeast corridor from burdensome federal meddling. Let CA, NY, MA, NH, NJ, and VT do what they do best, lead the way on air quality.

Federal gay marriage ban? Not for Massachusetts or Hawaii, and it's high time for the rest of us to add full, unequivocal equal protection under the law into our own constitutions.

Family and Medical Leave Act? Pass it in your own state, right frickin' now, and let the red-staters wail loud when Scalitoson takes the federal law away.

Clean water? Forget it. Bu$hCo and Scalitoson don't give a sh*t. So pass it in your own states and let them choke on sludge.

Time to see if conservatives (and especially Alito) can live up to their so-called principles.

6 Comments:

Scalitoson

I'm reminded of the three-headed knights who say "Ni" from Monty Python and the Holy Grail. No matter what the argument is when supporting civil rights, reproductive rights, and opposing an imperial presidency their answer is "Ni!"

I'll have to get busy with Photoshop.
More like Simple Chronic Scalitosis.

But I think you are right, FrogJudas. We have been necessarily focused on the negative view of the potential of Scalito, and have not put proper stock in the state's rights column. Thank you for pointing this out, as a matter of strategy that might help us make the lemonade.
Why not? Use the ultimate Righty Mantra of "States Rights" against them...

"The Civil War was really all about 'States Rights'...we would have freed the slaves, honest...we just didn't want the Federal Government pushing us around!"

That's the kind of shit you hear from the proud Sons of the Confederacy.
Lily, thanks. Of course we're going to discover that Repubs are no more interested in going hands off on the State as Demos. See my comment to RB.

RB, fortunately there are few compelling constitutional questions these days that couldn't fall to the states. In the absence of a Constitutional Convention, we're unlikely to see the document amended in our lifetimes. So if Roe is overturned that just puts it back in the hands of the states. No way to avoid that now.

South Dakota may pass a law effectively outlawing abortion at any moment, and the only way to preserve our freedoms will be to pass laws locally. Proves once again that all politics is really local.
Outstanding points and very good reasoning. I like your attitude!
Excellent post! It gives me a reason to exhale with relief after reading your points. Of course, I live in a blue state so that helps.

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