[eDebate] Coalition of the list-supporter

Joe Patrice joepatrice
Sat Jun 3 17:42:25 CDT 2006


I do not want to discourage a coalition of those with similar topic
worldviews, but as both an attorney and a member of the topic committee let
me urge everyone, before someone joins Ede in this coalition, let me urge
that you do the background work that I'm sure Ede and I have done that have
led us to different conclusions.

Personally, I think as you read the literature, both specific to the cases
and generally as to how the legal system operates, you'll find that these
are not list topics but mega-area topics.  I have said multiple times during
the webcast and I will say again that the "smallest" list topic:

The United States Supreme Court should overrule one or more of the following
decisions:
Planned Parenthood v. Casey (1992)
U.S. v. Morrison (2000)
Milliken v. Bradley (1974)
Gratz v. Bollinger (2003)

is precisely co-extensive with the topic:

The United States Supreme Court should overrule one or more of its decisions
in the areas of privacy, abortion, the authority of the federal government
to pass social legislation binding upon states, and racial discrimination.

Others may (and do) disagree but I think it is topical to say "the Supreme
Court should reject the test articulated in Morrison because it limits
access to abortion clinics legislation (or gun control, or domestic
violence, or...)."  Many different "tests" can be the basis of the overrule
and that means they can be used to access the entire area a case is in
rather than just affecting one case.

I think the area topic allows a great deal of flexibility...it just offers
flexibility in one area of the law, not 5 or 6 or 7 law school courses worth
of law.

Joe
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