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Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts I Remember Doug Flutie
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Monday, September 01, 2008
I Remember Doug Flutie
Priscilla J. Smith
Hail Mary passes tend to swell the hearts of the believers, as will McCain’s nomination of floridly anti-choice Sarah Palin who believes in God, “personal responsibility,” cracking the glass ceiling, the sacrificial natures of her children, killing caribou, drilling for oil in Alaska and “ethics” (except when it comes to firing the chief of the Department of Public Safety and head of the State Troopers allegedly for refusing to fire Palin’s Trooper ex-brother-in-law who was involved in a nasty custody battle with Palin’s sister.).
Comments:
"Even though 1/3 of all women will have an abortion in their lifetime, most think abortions happen to other people,"
Is this innumeracy? 2/3 IS "most people".
Brett, read the entire sentence again. It makes perfectly good sense (though you may disagree in substance).
"2/3 IS 'most people'"
Which, I suppose, resolves the question of whether math concepts are created or found. - Charles
Certainly there is some stereotype in the selection, and the legal invective against reproductive rights is part of that, keeping private morality in the Republican armarium, tabloids having demonstrable affection for the prurient interests. One of the beauties of the victory over Notre Dame by one point at the gun might have a parallel if the putative nominee actually ends up in office, though she apparently has bemoaned the ornamentality of the US vice-presidency; namely, I doubt the AK governor will favor overseeing institutionalizing of torture, though, as she indicated, ex officio she might have little influence to reverse policies that have created that new part of US action in its pursuit of Al-Q et al.
I re-read it, it carries one numerical assertion, (That 1/3 of women will have an abortion during their lives.) attacks two beliefs:
1. That most women think abortions happen to other people. Yup, when only a third of women are having abortions, "most" women are correct to think that abortions are happening to other people. 2. That those abortions are not happening to "thoughtful, responsible moms" like the 2/3rds of women who aren't getting abortions. Well, obviously it's possible to be a thoughtful, responsible mom, and still end up getting an abortion. But that ain't the way to bet.
Apparently "personal responsibility" means that your high-school age daughter has a baby rather than an abortion, or that, even though you already have 4 kids, you have another with Down's syndrome rather than an abortion.
However, there's a million sites where I could engage in debate or mud-slinging or political analysis, I don't understand what's gotten into Balkanization lately. Maybe because it's summer you've decided to be a beach read. But C-SPAN had a good show Saturday on judicial nominations, the role of the Senate, and the place of judicial review Saturday night, one that had a lot of points for discussion. In the show, they mentioned the Caperton case, pending on cert, about judicial disqualification, another topic worthy of discussion. And in that regard, listening to the LBJ Tapes today on C-SPAN, it appears that in 1964 federal judges were serving as corporate directors and ruling on cases involving them. Can you confirm that?
Brett, I think the fairest reading of the post is that if 1/3 of all women have abortions, that percentage is large enough to include within it "thoughtful responsible moms", despite the fact that some abortion opponents think it does not include them.
Also, remember that many of the Republican/Independent woman swingers are post-menopausal.
You mean "swing voters", not "swingers". I doubt that there is a very big voting block of Republican/Independent woman swingers, whether pre- or post-menopausal.
I don’t think McCain was really after Hillary voters at all. He and his buddies thought they could appeal to 1) the religious right and 2) Republican/Independent women who may be pro-choice but don’t really care about it. Even though 1/3 of all women will have an abortion in their lifetime, most think abortions happen to other people, not thoughtful responsible moms like them; the data show otherwise. Also, remember that many of the Republican/Independent woman swingers are post-menopausal.
Mr. McCain did indeed pick Palin to motivate his conservative base as well as the half or so of the female population who are center right, which he appears to have largely accomplished. McCain's choice was crazy like a fox. I do take issue with the assumption that that women, like Palin's daughter Bristol, who irresponsibly become mothers before marriage also desire abortions. Some women like Bristol choose not to kill their unborn children and actually get married to the fathers of the children to form families. Likewise, the leftist nutroots delighting in attacking a socially conservative governor for her minor daughter's out of wedlock pregnancy as some sort of a "hypocrisy" fundamentally misread the women whose votes McCain is targeting. The religious conservatives are thrilled that Bristol is choosing life and marriage for her child. This is living one's beliefs.
"Bart" DePropagandist:
Likewise, the leftist nutroots delighting in attacking a socially conservative governor for her minor daughter's out of wedlock pregnancy as some sort of a "hypocrisy" fundamentally misread the women whose votes McCain is targeting. The religious conservatives are thrilled that Bristol is choosing life and marriage for her child. This is living one's beliefs. Oh. IC. So the mantra of the right to their kiddies is "screw around, get knocked up, and then get into a shotgun marriage with the guy that had the poor sense (or the selfishness) not to wear a condom". Glad you made that clear, "Bart"; I never would have guessed.... ;-) Cheers,
fundamentally misread the women whose votes McCain is targeting. The religious conservatives are thrilled that Bristol is choosing life and marriage for her child.
If McSame had to use his VP pick to target religious conservative women, he is screwed. Their votes should have been locked up long before now. This is living one's beliefs. Wasn't NOT having sex before marriage also a conservative belief?
I write again only to point out that, despite the comments coming in on my post, I made NO reference whatsoever to Sarah Palin’s daughter’s pregnancy, the allegations that maybe it’s not her first pregnancy and her mom dissembled about that, etc. None of that was floating around the news at the time I wrote or posted about what I hope is serious discourse – McCain’s nomination of a rabidly anti-choice VP, and Republican strategy that mirrors anti-choice legal strategy using equality talk to mask inequality work, etc., and the question of how women will respond.
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Moreover, I have never made assumptions about what any one particular person is going to do when she gets pregnant, nor do I make assessments of what it was “responsible” for her to do in a given situation. This is because I know that I can never know what is going on for her in that situation or all the issues involved. In my career representing them, I have also spoken with too many women facing unplanned pregnancies, planned pregnancies that are making them sick, planned pregnancies where the fetus is sick, about what they are planning to do. These can be hard, sad, and desperate conversations and women, including teenagers, sometimes make choices they never thought they would make. I recommend that before anyone makes a judgment about what was responsible in a given situation, you stop and step back and consider that you are not in that situation. This applies equally to pro-choice people who might judge someone else’s decision to carry a pregnancy to term as it does to anti-choice people who judge women who choose not to carry to term. I also don’t think that the fact that Sarah Palin’s kid got pregnant has much to do with anything about whether Sarah Palin is cut out to be VP – there are so many other things that show she is not. Nor do I think a man would be similarly judged. On the other hand, it might be relevant -- in an anecdotal way -- to a discussion of abstinence-ONLY education policy, and Sarah Palin's support of it. I don’t know since I don’t know if the kid got any contraceptive counseling. And besides, who needs anecdotal support when you have so much data saying abstinence-ONLY doesn't work! Finally, the point of the reference in my original post to one-third of American women who have abortions was to point out, thank you Mark Field, that any given American woman is much more likely to face the decision whether to have an abortion, and perhaps to choose one, than most of us think. Yours, Cilla
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Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022) Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |