Tuesday, January 22, 2008

Schaffer v Udall Blog Watch

The Schaffer v Udall Blog is why I started this blog.

The author--"A Watcher"--quotes himself from a post he wrote entitled "Roe Will Be Law Forever: Suck It Up". The author should have quit after he wrote the incisive title. Instead, he goes on to throw conservative cliches at Roe, hoping that some will stick.

Consider:
Roe v Wade came about because of the actions of a few secular judges who were raised up in their professional life in an environment where the Constitution was not seen as democracy's shield. It had become and remains liberalism's sword. Liberals believe that the ends justify the means.
Roe, by the way, was decided 7-2 by 3 Eisenhower appointees, 2 Nixon appointees, 1 JFK appointee, and 1 FDR appointee.

The author proceeds to use some variant of the word "(un)ethical" some fourteen times--without defining or clarifying any moral framework by which one's ethics may be determined.
They were unethical lawyers for years before they became unethical judges.
The author of course repeats such assertions as if they require no proof. The logic functions as if 'merely concurring with Roe proves an absence of ethics which means that they were unethical before they became judges.'

This logical mess pervades the post and leads to such gems as the author urging that bad judges be removed, or ideally, that unethical persons be barred from becoming (bad) judges. Finally, the author outlines a standard which seems to confuse his point even more:
Lawyers [should be] required to follow the law before they become judges
Roe v Wade, incidentally, is the law.

UPDATE: In an earlier version of this post I stated that the UvS blog does not allow comments. This was and is incorrect--comments are allowed. My apologies.

2 comments:

Ben DeGrow said...

You wrote: "Readers will note that the site does not accept any comments."

This is simply not true, as you can see your comment:

http://schaffervudall.blogspot.com/2008/01/udall-on-legal-ethics-reform.html

I'll leave it up to a watcher to answer your arguments, since they were directed at his post. In the meantime, you may want to examine the flaws in legal positivism.

Cheers.

Tom McDowell said...

Welcome to the world of blogging. Since you wrote this, I have written three more Roe essays which you have chosen not to comment on.

Have you ever listened to the verbal arguments in Roe? You should, sometime.

As for my comment that lawyers should follow the law before they become judges, read more of my blog. To the average lawyer, the law is a joke, and not a good one at that.

Nice having you drop by. Good luck on your blog.