the last shall be first

[Rick Duncan]

I happily accept David Cruz's suggestion that no one
on this list believes Roe is a great opinion. I was
not trying to attack anyone when I suggested
otherwise. I will leave it to those who believe it is
a positive landmark to say so and explain their
conclusion. Regardless of whether others would place
Roe on their list of great opinions, it is at the top
of my list of opinions reflecting the Court at its
very worst. Right next to Plessy and Dred Scott. It
would warm my heart to learn that most of you concur.

--Rick Duncan

--Rick Duncan
--- "David B. Cruz" <dcruz at LAW.USC.EDU> wrote:
> Attack invites counter-attack.  Hence, while I agree
> with Eugene that
> Paul's response to Rick was improper, I think that
> we might all be
> well-served by toning down our non-substantive
> rhetoric.  In my view, Rick
> only exacerbates the culture war he perceives by
> making claims that many
> people on this list would include Roe on their list
> of the Court's best
> "opinions."  I still await response to my call for
> clarification -- where
> are the citations to articles lauding Justice
> Blackmun's *opinion* for the
> Court, rather than the Court's holding, in Roe?
> Absent such published
> statements, I don't know what would have led Rick to
> assert that he
> suspected that this list would harbor many defenders
> of the Roe opinion.
> If he wasn't intending to antagonize or to provoke,
> maybe he just relished
> the opportunity to goad Roe(outcome) supporters into
> publicly criticizing
> Roe(opinion).
>
> [In case I might be accused of ignoring my own
> advice, I simply note that,
> whatever my personal beliefs about Rick's
> motivations, the question of the
> evidentiary basis for propositions about the
> positions held by the legal
> professoriate is in my view substantive.]
>
> -David B. Cruz, USC Law (Cal.)


=====
"Do you not think an angel rides in the whirlwind and directs the storm."
    --President George W. Bush (quoting John Page)

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