{"id":18361,"date":"2016-11-15T15:47:36","date_gmt":"2016-11-15T20:47:36","guid":{"rendered":"http:\/\/lincolndemocrat.com\/?p=18361"},"modified":"2016-11-15T16:09:11","modified_gmt":"2016-11-15T21:09:11","slug":"pick-your-abomination","status":"publish","type":"post","link":"https:\/\/lincolndemocrat.com\/?p=18361","title":{"rendered":"Pick your abomination"},"content":{"rendered":"

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I mentioned in my speech<\/a> to the VFW on Veterans Day that I had just stopped briefly at the Brown V Board of Education National Historic Site. While I was there I took this picture of the actual black doll that sociologist Clark Kerr used so persuasively to demonstrate that “separate but equal” was a sham even in the Topeka schools which made a better go at it than in so many southern states. This was a novel non jurisprudence type argument. It was sociological and therefore controversial in many legal circles.<\/p>\n

What Kerr had done was show black kids being offered two dolls to play with one a black doll and another an identical white doll. Invariably the black students chose the white doll because of years of messaging that blacks were ugly and unappealing. <\/p>\n

Today, no one faults Brown v Board for its novel legal defense.<\/p>\n

Donald Trump who once mused that he would have liked his mistress to abort her fetus<\/a> on the Howard Stern show gave a vigorous if unconvincing argument that partial birth abortions justified making all abortions illegal. Now that he is past his seed sowing days he will appoint justices guaranteed to overturn Roe v Wade which has also been and continues to be lambasted as a misapplication of the letter of Constitutional law.<\/p>\n

In the old days almost every lawyer agreed that nominees for Supreme Court positions should refrain from telling anyone how they would vote on issues coming before the court including Roe v Wade. And yet where abortion is concerned that doesn’t fly with a lot of “Conservative” justices. One of the most likely choices for Trump has said that Roe v Wade is an abomination. This could mean that abortion is an abomination or that the ruling was an abomination from the standpoint of jurisprudence.<\/p>\n

I’m guessing this likely new member of the Supreme Court meant both of these possibilities. <\/p>\n

If he does not consider Roe v Wade “settled law” perhaps he could take the same view where Brown v Board of Education is concerned.<\/p>\n","protected":false},"excerpt":{"rendered":"

I mentioned in my speech to the VFW on Veterans Day that I had just stopped briefly at the Brown V Board of Education…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[43,91],"tags":[],"_links":{"self":[{"href":"https:\/\/lincolndemocrat.com\/index.php?rest_route=\/wp\/v2\/posts\/18361"}],"collection":[{"href":"https:\/\/lincolndemocrat.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lincolndemocrat.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lincolndemocrat.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lincolndemocrat.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18361"}],"version-history":[{"count":3,"href":"https:\/\/lincolndemocrat.com\/index.php?rest_route=\/wp\/v2\/posts\/18361\/revisions"}],"predecessor-version":[{"id":18364,"href":"https:\/\/lincolndemocrat.com\/index.php?rest_route=\/wp\/v2\/posts\/18361\/revisions\/18364"}],"wp:attachment":[{"href":"https:\/\/lincolndemocrat.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18361"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lincolndemocrat.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18361"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lincolndemocrat.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18361"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}