Subject: Re: Sweet Home case
Date: Jun 29 11:55:39 1995
From: Don Baccus - donb at Rational.COM


Burt Guttman:
> I just love
> the American system of education! It makes it possible for assholes like
> Scalia and Thomas to rise to the highest judicial position in the country,
> make life and death decisions about the welfare of humans and of the whole
> planet, and not know one f****** thing about the scientific basis of the
> issues. God bless America!

Oh, Scalia is a brilliant man (I mean that) and rest assured he knows
a lot about the scientific basis of the issues.

It's a value thing, not a knowledge thing. In the "harm" example,
he knew damned well Congress' intent (after all, Congress had
acted on that intent after initially passing the ESA). He's very
willing to twist words things to meet his on values.

Now, whether or not the American system of education is responsible
for his holding the values he does, I can't say.

Also, I must say that activist liberal justices have played similar
games as well. Roe vs. Wade, for instance. While I'm glad the
Court took that position, there really is no medical basis on
the different rights granted in each trimester, particularly
as medical science has made it possible for increasingly premature
babies to live. The lines drawn at 3 and 6 months are symetrical
but arbitrary...

Don't want to get down that path (it is a decision which has served
the country well, IMO oops in my opinion) but let's not forget that
our anger at logical gymnastics in Supreme Court cases is proportional
to the level to which we're pleased or displeased with the decision.

- Don Baccus, Portland OR <donb at rational.com>