# Sandra O'Connor Resigns - Democrats Will Find "Extraordinary Circumstances"

**URL:** <https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712>\
**Category:** Great Debates\
**Created:** [July 1, 2005, 3:53pm UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712 "2005-07-01T15:53:54Z")\
**Posts on this page:** 20\
**Page:** 7

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**Author:** ![SteveG1](https://avatars.discourse-cdn.com/v4/letter/s/bb73d2/32.png) [@SteveG1](https://boards.straightdope.com/u/SteveG1)\
**Post date:** [July 2, 2005, 1:08am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/121 "2005-07-02T01:08:57Z")

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The call is made by the “Voice Of The People”, through those we elect to the Legislature. If these officials make the decisions we like, we re-elect them. If not, they’re fired come the next election. The courts should interpret and then decide if it is constitutional (legal or illegal), period. It is not their (the court) function to make the law.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 2, 2005, 1:11am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/122 "2005-07-02T01:11:48Z")

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> [@SteveG1](#):
>
> The call is made by the “Voice Of The People”, through those we elect to the Legislature. If these officials make the decisions we like, we re-elect them. If not, they’re fired come the next election. The courts should interpret and then decide if it is constitutional (legal or illegal), period. It is not their (the court) function to make the law.

I agree.

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**Author:** ![Ms2001](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ms2001/32/18463_2.png) [@Ms2001](https://boards.straightdope.com/u/Ms2001)\
**Post date:** [July 2, 2005, 1:26am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/123 "2005-07-02T01:26:08Z")

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> [@Bricker](#):
>
> The Fourteenth Amendment clearly states that no person within its jurisdiction can be denied the equal protection of the laws. Yet every state forbids ten-year-olds from getting drivers licenses.
> 
> Ten-year-olds are not being given the equal proection of the laws that 20-year-olds are.
> 
> Is it for the courts to decide that this is wrong?

I would say it is. If the legislature’s intent is for no one to be denied equal protection _except young people_, or if the definition of “equal protection” they had in mind did not include age, then they can clarify it with an amendment. As it stands, treating 10 year olds the same as 20 year olds is a reasonable, if unpopular, interpretation of equal protection, and IMO the court would not be out of line if they chose to embrace it.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [July 2, 2005, 1:33am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/124 "2005-07-02T01:33:42Z")

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> [@Bricker](#):
>
> And if the Republicans go ahead and use the “nuclear” option and remove judicial nominations from the realm of filibusters?

Bring it on. Frist hasn’t got the votes, and if he loses this fight too, his presidential aspirations are toast. Besides, even if he does manage to pull it off, it will serve the Democrats well when we take back the Senate in '06, and the Pubs get hoist by their own petard. Win/Win.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [July 2, 2005, 1:46am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/125 "2005-07-02T01:46:04Z")

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> [@Bricker](#):
>
> The Fourteenth Amendment clearly states that no person within its jurisdiction can be denied the equal protection of the laws. Yet every state forbids ten-year-olds from getting drivers licenses.
> 
> Ten-year-olds are not being given the equal proection of the laws that 20-year-olds are.
> 
> Is it for the courts to decide that this is wrong?

I would say, yes, any ten-year-old who wanted to bring suit to overturn this unconscionable oppression should go ahead and do so. The courts would then interpret the law and determine whether or not this was a proper or improper use of legislative power.

The judges could then write a decision, citing law and precedence, explaining why they affirmed or denied the plaintiffs case.

That’s what we pay judges to do. That’s how the system is supposed to work. And that’s what happened in MA.

Then we could debate it here on SDMB, of course.

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**Author:** ![Diogenes\_the\_Cynic](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@Diogenes\_the\_Cynic](https://boards.straightdope.com/u/Diogenes_the_Cynic)\
**Post date:** [July 2, 2005, 2:03am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/126 "2005-07-02T02:03:08Z")

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> [@Bricker](#):
>
> The Fourteenth Amendment clearly states that no person within its jurisdiction can be denied the equal protection of the laws. Yet every state forbids ten-year-olds from getting drivers licenses.
> 
> Ten-year-olds are not being given the equal proection of the laws that 20-year-olds are.
> 
> Is it for the courts to decide that this is wrong?

Do the words “rational basis” ring any bells with you?  
(And FYI…there is no such thing as an “unborn child”)

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 2, 2005, 2:05am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/127 "2005-07-02T02:05:44Z")

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> [@Fear Itself](#):
>
> Bring it on. Frist hasn’t got the votes, and if he loses this fight too, his presidential aspirations are toast. Besides, even if he does manage to pull it off, it will serve the Democrats well when we take back the Senate in '06, and the Pubs get hoist by their own petard. Win/Win.

I would like to work out an escrow arrangement with you, and raise our stakes.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [July 2, 2005, 2:11am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/128 "2005-07-02T02:11:21Z")

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> [@Bricker](#):
>
> I would like to work out an escrow arrangement with you, and raise our stakes.

You already declined my offer.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 2, 2005, 2:14am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/129 "2005-07-02T02:14:47Z")

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> [@Fear Itself](#):
>
> You already declined my offer.

As I understood your offer, it was to raise the stakes, but without any escrow.

As the money gets larger, I would feel more comfortable with an escrow arrangement.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [July 2, 2005, 2:16am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/130 "2005-07-02T02:16:00Z")

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> [@Bricker](#):
>
> As I understood your offer, it was to raise the stakes, but without any escrow.
> 
> As the money gets larger, I would feel more comfortable with an escrow arrangement.

I trust you, **Bricker**.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 2, 2005, 2:17am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/131 "2005-07-02T02:17:42Z")

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> [@Fear Itself](#):
>
> I trust you, **Bricker**.

I appreciate it. But since I would feel more comfortable with escrow of some kind, why don’t we go ahead and agree to use it?

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [July 2, 2005, 2:19am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/132 "2005-07-02T02:19:03Z")

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> [@Diogenes the Cynic](#):
>
> (And FYI…there is no such thing as an “unborn child”)

I would second this. The term “unborn child” is pure demagoguery. The proper term is “[fetus](http://dictionary.reference.com/search?q=fetus)”.

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**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\
**Post date:** [July 2, 2005, 2:21am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/133 "2005-07-02T02:21:11Z")

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> [@Bricker](#):
>
> I appreciate it. But since I would feel more comfortable with escrow of some kind, why don’t we go ahead and agree to use it?

Because you apparently don’t trust me. Is it something I said?

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**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\
**Post date:** [July 2, 2005, 2:24am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/134 "2005-07-02T02:24:23Z")

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> [@Snowboarder Bo](#):
>
> I would second this. The term “unborn child” is pure demagoguery. The proper term is “[fetus](http://dictionary.reference.com/search?q=fetus)”.

Actually child is also an appropriate word:

> [@](#):
>
> child Audio pronunciation of “child” ( P ) Pronunciation Key (chld)  
> n. pl. chil·dren (chldrn)
> 
> 1. A person between birth and puberty.
> 2. 
> 1. **An unborn infant** ; a fetus.
> 2. An infant; a baby.

> **[Definition of child | Dictionary.com](https://www.dictionary.com/browse/child)**
>
> Definition of child from Dictionary.com, the world’s leading online source for English definitions, pronunciations, word origins, idioms, Word of the Day, and more.

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 2, 2005, 2:24am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/135 "2005-07-02T02:24:26Z")

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> [@Fear Itself](#):
>
> Because you apparently don’t trust me. Is it something I said?

Maybe I don’t trust myself. Maybe I’m afraid that I’d be tempted to not pay, and wish to avoid even the temptation of doing that by locking in my payment if I lose.

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**Author:** ![Polycarp](https://avatars.discourse-cdn.com/v4/letter/p/82dd89/32.png) [@Polycarp](https://boards.straightdope.com/u/Polycarp)\
**Post date:** [July 2, 2005, 2:29am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/136 "2005-07-02T02:29:25Z")

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> [@Evil Captor](#):
>
> Oh, sure. If Bush nominates a clone of Earl Warren, the Dems will find “extraordinary circumstances.” You know damn well Bush is gonna nominate some mossback who’s against the Bill of Rights just on general principles.
> 
> :rolleyes:

Hmmm… In 1953 the conservative wing of the Republican Party favored the nomination of a conservative Republican governor, former attorney general, who was most noted for having authority over racist internments. Strangely, the nominee that Eisenhower actually nominated took a far more liberal view than what was expected of that evil conservative Governor.

Something tells me it will be Gonzalez nominated, the shit will hit the fan as per what is expected, and he will end up a solid moderate in the Kennedy/O’Connor/Souter mold.

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**Author:** ![David\_Simmons](https://avatars.discourse-cdn.com/v4/letter/d/9de053/32.png) [@David\_Simmons](https://boards.straightdope.com/u/David_Simmons)\
**Post date:** [July 2, 2005, 3:04am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/137 "2005-07-02T03:04:37Z")

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> [@Metacom](#):
>
> How is it possible to debate this?

Well we will say, “Will not.” and Bricker will say, “Will too.”

This is one of the funnier GD OP’s. Republicans, and rather extreme ones at that, have the ear of the White House, the controllers of the House and Senate and a lot of state government politicians. And Bricker is whining?

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [July 2, 2005, 3:10am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/138 "2005-07-02T03:10:23Z")

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> [@David Simmons](#):
>
> This is one of the funnier GD OP’s. Republicans, and rather extreme ones at that, have the ear of the White House, the controllers of the House and Senate and a lot of state government politicians. And Bricker is whining?

lol good point

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [July 2, 2005, 3:50am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/139 "2005-07-02T03:50:54Z")

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Oliver Twist with a gun.

“Please, sir, can I have some more? Or else?”

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**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\
**Post date:** [July 2, 2005, 4:10am UTC](https://boards.straightdope.com/t/sandra-oconnor-resigns-democrats-will-find-extraordinary-circumstances/310712/140 "2005-07-02T04:10:02Z")

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I like making predictions ahead of time that prove right. Last fall I had a run of luck in this area.

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