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Should Supreme Court justices be making decisions based on partisan affiliation?

We're hearing conservative gums flapping constantly about "activist judges", yet they're fine with activism on the Supreme Court. More and more frequently, their judges are making partisan stands in SCOTUS decisions without regard for what the Constitution and prior law/decisions actually say. (Such as today's "partial birth abortion" decision.)

Should the justices be making decisions along partisan lines, as we see increasingly happening, or should they deviate from their current course of action and actually make choices based on Constitutional law?

Update:

Also, don't respond that this ruling isn't partisan... the facts don't support that argument.

6 Answers

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  • 1 decade ago
    Favorite Answer

    Should they-NO, do they sometimes maybe yes, but that is true both for the republicans and democrats. It is extremely hard to keep your personal feelings out of a ruling that effects the entire US.

    The same can be said about the descenting view too. Abortion was a technology that didn't exist or could even be contimplated in the founding days of the constitution. How can anyone difinatively say that the founding fathers meant one direction or the other.

  • 1 decade ago

    Just in case you are not aware, partial birth abortion can be when a woman decides at the last minute, after nine months of pregnancy, that she does not want the child.

    So what the doctor does is that he delivers a totally viable baby to the point where the head is out of the mother, but the body of the baby is still in her. The doctor then gets a sharp instrument (usually a scalpel) and stabs the baby at the base of the skull in back of the baby's head. The medical community has attempted to clean up the procedure by calling it partial birth abortion. Most of us (liberal or conservative) would call it murder.

    I totally support the choice of a woman to have an abortion. I don't feel my morals or the government should tell a lady what to do with her body. However, I am not in favor of murder. I think that is what partial birth abortion is and I think the majority of people here will agree with me.

    It doesn't matter what judges used as a barometer, in this case, I think they got it right.

  • 1 decade ago

    The facts of Roe vs. Wade never was supported since it was based on a lie told by woman who used rape to get ruling & then admitted she was never raped but slept around.

    Every woman can still get an abortion just not after the child is viable. That is not partisan just not what you want & expected from past years of liberal Democrats on the Supreme Court. It stinks when you do not have the Supreme Court in your back pocket.

    This same court has ruled liberal in the past 6 months.

    Source(s): Read all the rulings
  • 1 decade ago

    You don't think that it is partisan? You got to understand that are appointed by presidents. So yes they make decisions on party lines, or along their idealogues. That is politics, so you think that they don't have anything to do with political stances? why do they grill each appointee before they are appointed?

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  • Anonymous
    1 decade ago

    The upheld the decision. and that is partisan how?

  • Anonymous
    1 decade ago

    We didn't hear anything from you libs when your court passed Roe v Wade.

  • 1 decade ago

    Why not, that's how congress votes.

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