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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 06:19 PM
Original message
Lawyers and law students. I am offering a prize to anyone who
Edited on Mon Mar-21-05 06:19 PM by rzemanfl
can write a brief argument that the Schiavo bill doesn't violate the equal protection clause. Winner will be the first argument that doesn't make me laugh out loud.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 06:22 PM
Response to Original message
1. Me, ME!!! PICK ME!!!!!!!!!!
Because in Ratface's Amerika, where we live today, some are more equal than others.

This is determined by the Minions Of Ratface, who, most recently, in the spectral, allegedly human forms of Frist and DeWorstLayI'veEverHad, anointed the parents of Terri Schiavo more equal than anybody else.

The End



May I have my prize now, please?
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 06:26 PM
Response to Reply #1
2. Sorry, I was laughing as soon as I saw the header. n/t
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janx Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 06:29 PM
Response to Reply #1
3. You deserve a prize anyway for being a comforting source
of sanity in some very insane times. :hi:
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 06:31 PM
Response to Reply #3
4. I would agree except this is all about not changing the rules in
the middle of the game.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 06:48 PM
Response to Reply #4
6. YOU LAUGHED OUT LOUD??????
Well, I never .............

::::: gathering briefs up around her waist, slamming door on way out ::::
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 06:53 PM
Response to Reply #6
8. I think it was the excessive use of exclamation points that did it.
If you have to gather your briefs around your waist before you leave you have gotta be practicing in some kinky courts. If you mean the other kind, get a briefcase with real noisy locks that snap shut, they are great for expressing displeasure.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 07:28 PM
Response to Reply #8
13. Only amateurs.........
.......need props.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 07:49 PM
Response to Reply #13
16. But do pros need briefs? n/t
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Fleshdancer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 09:17 PM
Response to Reply #6
26. HAHAHAHA!!!
too damn funny :D
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 06:33 PM
Response to Reply #1
5. Interested in your thoughts on posts 3 and 4. n/t
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 06:50 PM
Response to Reply #5
7. Oh, no, you don't ..............
Where's my prize?
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 06:55 PM
Response to Reply #7
9. So sue me, I laughed. n/t
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ChiciB1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 07:11 PM
Response to Reply #1
11. You Get A Prize For Your
interpretation or nomenclature of Mr. Tom!!!!!! That was ROYAL!

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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 07:44 PM
Response to Reply #1
14. Counselor,
thanks for a good laugh.

Under what enumerated power, pray tell, is Congress acting here?

That's my question.

Medical and guardianship decisions have traditional been within the "police powers" of the State.

Oh, that's right. What are they saying - that this involves a fundamental right, that Florida is denying her?
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 08:36 PM
Response to Reply #14
18. HAHAHAHAHAHAHA!
That's cute.

You still think we're living in a country of laws.

How utterly dear. How quaint.

First, we must overthrow this government.

Then, if you get me that prize, I'll tell you what we do next ...........
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 09:06 PM
Response to Reply #18
21. Isn't it "first we kill all the lawyers?" If so, the prize won't do you
any good.
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 09:09 PM
Response to Reply #21
23. HEY!!!!!!!!!!!!
Was that a lawyer joke?

Because, if it was, well........................

::::: adjusting briefs, snorting indignantly, relighting cigar ::::::::::
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 09:27 PM
Response to Reply #23
28. No a lawyer joke is like this: Two lawyers are walking down the
street when a gorgeous blond in a tight short dress walks by. One says: "Think we could screw her?" and the other says: "Outta what?"
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 09:51 PM
Response to Reply #28
30. That's not a lawyer joke
THIS is a lawyer joke:

Two lawyers are thrown overboard when their boat capsizes, and suddenly they're surrounded by schools of sharks. Why are they not being devoured by the sharks?

Professional courtesy.

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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 09:53 PM
Response to Reply #18
32. If I join you in attempting to overthrow the government ...
Edited on Mon Mar-21-05 10:00 PM by Maat
will that interfere with me getting my barcard? Don't they frown on that sort of thing?

(By the way, Agent Mike, I was just joking. I will uphold the Constitution through thick and thin. That is what you want me to do, isn't it, Agent Mike?)
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 10:09 PM
Response to Reply #32
34. Psssssssssssst
No one ever asks to see that card.

Except when you're going into the slammer to see a client. But, those guards never really LOOK at it.

We're cool.............

:)
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Maat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 10:19 PM
Response to Reply #34
35. Laughing so hard, I can barely type.
When I was a social worker, I used to go visit the clients at the local county jail. I can relate.

It was so weird walking down those quiet halls. I'd use the key, get into the "lawyer room," and sit before that wall with the window in it. Then I'd have to slide the paper and pen into that little slot, and use another pen to push it through (it was a medical consent I needed them to sign). Ah, memories ...

The most fun part was calling my husband's office from the sheriff's phone, and telling the blonde receptionist (not that there's anything wrong with that) to tell Mr. Maat that I was "in jail." It was funny until one time she interrupted a meeting and told him. He didn't blink an eyelash (I heard later), and told her that "I was on my own." He finally told her I was a worker, and was just having a little fun.

Anyway, end-of-blabbering.

Ah, memories ...
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JDPriestly Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 07:01 PM
Response to Original message
10. Don't bet your house.
Remember Bush v. Gore. I'm just wondering whether Scalia is going to flip-flop when this case reaches the Supreme court and his famous language in Cruzon is pushed in his face about how these are state issues.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 07:53 PM
Response to Reply #10
17. How could I forget? n/t
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 08:37 PM
Response to Reply #10
19. The Supremes ain't gonna touch this one
It will never make it to the Supreme Court, I'm betting.

I guess I still have hope ...........
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simcha_6 Donating Member (333 posts) Send PM | Profile | Ignore Mon Mar-21-05 07:11 PM
Response to Original message
12. How about this?
There are certain aspects of human nature which are universally accepted. Among them is a will to live. Shiavo's parents say that she is still capable of noticing things, and I think they said responding. Doctors say otherwise; she is guilty of being functionally dead. According to the U.S. Constitution, we are all innocent until proven guilty. Therefore, until it is proven beyond a reasonable doubt that she is functionally dead, we assume that she is alive. As a person assumed to be alive, she receives equal treatment under the law: those who have not committed a crime are permitted to live.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 07:46 PM
Response to Reply #12
15. Unresponsive. The question is whether giving her parents
access to the federal court when no other parents have this access violates the equal protection clause (as to all other parents but them).
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OldLeftieLawyer Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 08:39 PM
Response to Reply #15
20. Well, OF COURSE IT DOES!
But, go and read a copy - if you can find it (I'll try to find it, too) - of John Conyers' remarks last night before the vote, and you'll find things like the Elizabeth Morgan case, where individuals got special bills passed, just for them. Same is true of corporations - banks, especially.

Conyers did a great job of enumerating how often this takes place.

Constitutionally speaking, I'd have said - five years ago - that a bill like this isn't at all meaningful to the rights and privileges of other American citizens. But, in today's climate, I am very fearful. Very fearful, indeed.

Now, to find a transcript of Conyers' remarks ..............
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 09:09 PM
Response to Reply #20
24. Five years ago I wouldn't have believed the past five years
could ever happen.
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Contrary1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 09:08 PM
Response to Original message
22. I can argue...
while wearing only briefs. Does that count?
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hootinholler Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 09:14 PM
Response to Original message
25. Well, I ain't no lawyer, but it seems to me...
That the USSC has upheld cases where immigration rights were granted to individuals specifically named in Bills. Following that precedent, which in my mind raises the same equal protection issues, I argue that this Bill which grants special access to the Federal Bench, is good to go.

After all anyone else seeking access to the Federal Bench is still free to petition Congress for a Bill of their own, just as those about to be deported are.

-Hoot
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 09:19 PM
Response to Reply #25
27. Foreigners aren't citizens, so making one of them a citizen
doesn't violate the rights of the others.
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hootinholler Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 09:29 PM
Response to Reply #27
29. But that is only one example of the uses of Private Bills...
A poor example selection on my part. Didn't the USSC hold that as long as Private Bills weren't punitive in nature, then they are Constitutional? This Bill doesn't punish anyone named in it, therefore it can be argued that it should be upheld.

God I just disgusted myself.
-Hoot
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goodhue Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 09:51 PM
Response to Original message
31. No protected class, therefore no heightened scrutiny
Its a dumb bill but there is no equal protection problem I can see.
No protected class, therefore no heightened scrutiny; bill upheld so long a government can articulate a rational basis, however lame.
Strikes me as problematic for other reasons such as bill of attainder.
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sevendogs Donating Member (84 posts) Send PM | Profile | Ignore Mon Mar-21-05 09:58 PM
Response to Reply #31
33. Oh, my!
How intelligent! You paid attention in Con Law, I can tell. Wow. I am impressed. Really, truly. My Con Law teacher was from Yale Law School and, therefore, a priori, unintelligible. I did well as I can write "unintelligible" bullshit along with the best of them.

Still impressed and have only laughed once. I wasn't funny so I don't win a prize. Thanks, this helped bring my raging, soaring blood pressure down.

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DulceDecorum Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Mar-21-05 10:47 PM
Response to Reply #31
36. I have a question.
INS v Chadha.
Congressional veto ruled unconstitutional.
Thousands of federal laws rendered null and void.

Considering that the Congressional veto is no longer applicable to anything,
(and assuming that some other administration were in power)
is Congress still legally able to do stuff like this?
And what does the Schiavo case signify for HMOs and hospitals?
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