Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Wednesday, July 26, 2006

stem cell veto and Professor Foley's view

I don't think that Professor Foley's view that President Bush violated his oath of office is remotely plausible, though it is surprising how frequently these arguments are made. The same sort of argument was made against the Unborn Victims of Violence Act. I had a chance to testify on this legislation and the exact same argument came up in the hearings. In response to the argument that it was inappropriate for Congress to fail to demonstate the intellectual submission of intellect and will to the Court's opinions in Roe and Casey, even when operating outside the context of abortion, I quoted Lincoln's statement in his First Inaugural Address: "At the same time, the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation bewteen parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal." This seems to be just as persuasive today.

Richard M.

https://mirrorofjustice.blogs.com/mirrorofjustice/2006/07/stem_cell_veto_.html

Myers, Richard | Permalink

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