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July 20, 2005

Shrub Fails To Nominate Person Of Estrogen...

I'm sorry but I couldn't resist that one.

Let the merciless mocking begin.

Update: I think I have a slogan: "Roberts: waiving waving*** the bloody shirt of Lochnerism since 1978".

It has a nice ring to it, doncha think? But I'm not sure it will resonate with Joe SixPack. I believe I'll give old Harry Reid a call and see what he thinks.

***bloody smart-a**ed local knavery...

Posted by Cassandra at July 20, 2005 01:50 PM

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Comments

heh

Posted by: JannyMae at July 20, 2005 03:58 PM

I have no problem with John Roberts nomination, but at this point in time I see no reason why there should be one less woman on the court. With the age of some of the justices, its conceivable that there could be 3-4 justices that are women by the time Dubya is out of office if he decides to go that route. In the long term I see no excuse for there to be less than three of either gender at anyone time.

Posted by: Rodney Dil at July 20, 2005 04:15 PM

Joe here, I get the title, though some of my friends won't about Shrub err, President Shrub and Estrogen, well who doesn't know who may need more of that on certain days.....but you're freakin' me out with this one,
"Roberts: waiving the bloody shirt of Lochnerism since 1978".
I even tried to look up the Locherism word - I'm feeling sheepish already - and I got nothing.
I'll just lurk awhile and see what comes up.

Posted by: Paul of York at July 20, 2005 04:33 PM

I think your tongue fits into your cheek beautifully.

Posted by: sandy at July 20, 2005 04:45 PM

It's a silly reference to the ridiculous lengths people are going to to raise the alarum over Roberts' nomination, even dragging up his 1978 Law review articles on contract law.

Lochnerism refers in general to whether states have the right to interfere with the right of individuals to enter into contracts (Lochner v. New York, 1905). The decision drew criticism for expanding the constitutional definition of 'liberty' from personal freedom to include the freedom to contract. Now it is sometimes used more broadly to describe judicial activism that reads rights into the Constitution based on personal/political belief rather than any sound textual basis.

Hopefully one of our legal minds will correct me if I got this wrong (I may well have - I'm not up on all this stuff, not being a lawyer myself).

(see my Roberts revealed as head of CIE post)

Posted by: Endangered West End Corked Bat at July 20, 2005 04:49 PM

Paul, it's from the linked article 2 posts down. I am not a lawyer so I'm not sure of the implication of the phrase, but it's mention in a 1978 student paper is something Tim Wu latches on as evidence that the Dread Pirate Roberts is a member of the "Constitution-in-Exile" conspiracy (which is so secret that it's own members aren't even aware that they belong to it).

Posted by: Masked Menace© at July 20, 2005 04:52 PM

You said "waiving the bloody shirt of Lochnerism", though.

As in giving it a pass?

Posted by: camojack at July 20, 2005 05:25 PM

If there's one thing I can't stand, it's a smart-ass native-American camojack...

Posted by: Endangered West End Corked Bat at July 20, 2005 05:38 PM

Thank you! Lurking does pay!
I certainly don't like activist judges deciding whats best for me.....it's hard enough to keep the 435 Congressman and 90 Senators (I hope that's right) from destroying my country, not to mention when a Democrat has the White House.
You gentlemen, (assuming you are males) Endangered West End Corked Bat - I get that one and you are endangered given Canada's current political climate - and Masked Menace - I don't get that one and am afraid to ask, have been very kind in your explanations. Masked Menace has what sounds like the beginniings of a very good book.
I understand it now, sort of, thank you.

Sandy - it fits there nicely particularly when I don't realize I'm putting it there.

Posted by: Paul of York at July 20, 2005 06:07 PM

Paul, the pun on the Corked Bat, is an inside joke originally from a post on TOB (The Other Blog - Scrappleface.com) from Sammy Sosa's um..."mishap" a couple years ago. It started as the Midwestern Corked Bat (Chicago after all) and was modified by Cassandra from the below post.

My handle is a reference to an old baseball injury. I was one of the unlucky few (one) to actually have a baseball come through my catcher's mask (took 6 stitches over my left eyebrow). After that, I became rather paranoid when my mask would bend in the slightest. After a college career where I went thru 3 masks in 4 years (and one of those was due to changing schools) I went through 3 masks in 3 months. I had become a menace to the masks I wore.

Posted by: Masked Menace© at July 20, 2005 06:30 PM

Oh, and it is 435 representatives, but it's 100 senators (2 from each state).

Posted by: Masked Menace© at July 20, 2005 06:42 PM

That's embarrassing, or maybe I've missed one or two of his posts, Scott Ott is my Premier Hero of Sarcasm. He should be our President.

I knew Sosa was having trouble keeping the batboy from tampering with his bats. I just can't put two and two together sometime.

Your Title is apt then, anyone who ruins that many catcher's masks is never going to be Wilson's spokesman. That's probably why your first school traded you.
It's good to see your alive though and willing to give a rookie a hand. Thank you.

Posted by: Paul of York at July 20, 2005 06:43 PM

Actually, I'm ashamed to admit that Endangered West End Corked Bat is just plain old me.

I get bored and post under other names once in a great while. Not very often, though. Most often Bush Ate My Soul, an identity from another blog. And there are one or two really old alter egos from our old days on Scrapple face like the Chinese-Jewish-Mexican-American Lawn Chica, but I don't think I've done her for a very long time. Sorry for the confusion :)

Posted by: Cassandra at July 20, 2005 07:14 PM

He didn't nominate a persyn of estrogen enhanced ability and intuition? What does Ward Churchill have to say about that?

Or Liberal Larry? I realize the Professym is busy with the Comma Sutra, but that is NO EXCUSE to not blog on the biggest story of the year. Ruth Bader Ginsburg will be an underrepresented minority.

What a scandal this is and I think he should resign.

Posted by: Cricket at July 20, 2005 08:02 PM

Oh Lord Menace... I missed your link earlier. I remember that thread. I will have to re-read it when I have more time. What a hoot.

Right now I have an appointment with Destiny :) Heh....

Posted by: Cassandra at July 20, 2005 08:08 PM

Well, you should be ashamed. Having fun with a befuddled, but proud, American.
I'm sticking around here, this place is fun! I've seen the Bush Ate My Soul moniker and I was going to watch that one to figure out what side of the fence he/she was on.
You, are a charcter. And I enjoy such people highly. Keep it up.
Cassandra, if that is who you are, you say from your old days at Scrapple Face....were you once a party to such great antics? (You're doing alright here too).
Lawn chica is a what?
I checked Chica and the top listing is The Community and Hospital Infection Control Association - Canada....I'm betting that's not it.
Is it those old lawn ornaments where a little fellow is holding a lantern?.....I'll bet it's not that either. Sigh.

Posted by: Paul of York at July 20, 2005 08:11 PM

Masked Menace, 100 Senators of course.
What I'd like to say is that I wasn't counting the New England states we're trading to Canada for everything West of Manitoba. I'd like to say that but that's not what I was thinking. Back to school for me..

I have been a proponent of the trade for some time though. Only those folks West of Manitoba are too smart. I'm ready just to give Cananda New England.

Posted by: Paul of York at July 20, 2005 08:19 PM

Shrub didn't need to name another woman to the Court. He needed to name someone who would be naked under the robe and ride to the Court on a unicycle. I say, one token Justice for the naked unicycle riders. Women already have Ginsberg, blacks Thomas, cancer ridden people Rehnquist, bow tie wearers Stevens, and nerdy punks Souter.

Posted by: man riding unicycle naked at July 21, 2005 12:07 AM

If there's one thing I can't stand, it's a smart-ass native-American camojack...
Posted by: Endangered West End Corked Bat at July 20, 2005 05:38 PM

C'est moi...merci beaucoup.

Posted by: camojack at July 21, 2005 08:00 AM

While we're giving away states, can we give (Southern) California back to Mexico? It seems some of the residents want to do it anyway.

Posted by: Masked Menace© at July 21, 2005 09:34 AM

I ended up not voting in the May, 2005 runoff election to decide one town council member from two candidates. The candidates seemed virtually identical to me, except that one was a man, and one was a woman. Their philosophies and qualifications were very similar. I went to some local news sources, to see if I could sort it out, and make a decision on which candidate to vote for. The ONLY thing I found, was an opinion column by a woman, stating that we should vote for the woman JUST BECAUSE SHE WAS A WOMAN. No discussion of whether either candidate was qualified, just, "vote for her because she is a woman."

Let's get the best person for the job, or at least TRY TO! Let's not vote for someone, or appoint someone, strictly based on whether they are male or female.

Posted by: JannyMae at July 21, 2005 07:13 PM

"While we're giving away states, can we give (Southern) California back to Mexico? It seems some of the residents want to do it anyway.
Masked Menace"

Oh, absolutely! Don't we have to give them some money too? Hollywood has to go, no exemption, and we keep mineral rights on and off shore, anything to do with Ronald Reagen, What Else?

Posted by: Paul of York at July 21, 2005 09:14 PM

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