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I made no particular scouring of the news and saw it in five relatively mainstream sources. So, perhaps my experience was misleading.
No, I don't find her comments all that shocking for several reasons, none of which have to do with subjectiveness (and I never said subjectiveness was an issue). One, it wasn't the first time she had said it (she had made similar comments before she even left the bench). Second, she couched her comments saying we were a long way from what she feared could be the ultimate response. Third, she is an interested party; no judge likes legislatures having opinions on what they do, from either side of the political spectrum. Fourth, as I said "the sky is falling" predictions for every government action are a dime a dozen and O'Connor's wasnt even a "sky is falling" statement just a "the sky might potentially fall at some point in the future."
Finally, my hardassedness (though really I think GC is at lesat equally hardassed in a hysterical position, but we can disagree on that) wasn't just because of this one but my perception that he has frequently labelled stories as uncovered (when they're not, they're just not covered in the way he wants) and this is a sign of some participation by the media in helping the administration keep us complacent.
I find Scalia's statements on the Guantanomo case (though couched to avoid direct reference) inexcusable. I find the semi-flip off (he didn't flip off the reporter but rather made a different rude gesture) by Scalia to be a non-issue (and would also find it a non-issue if Ginsburg did it). But overall I find GC's desire to find outrage in anything done by conservatives just as giggle inducing as scaeagles controtions to resist finding issue in anything done by conservatives (though both will find minor exceptions to show how that isn't what they're doing).
That is what triggered the hard-assedness. I certainly made no claim as to which is more important: O'Connor's statement or GC's. The fact that O'Connor wakes up in the morning is probably more important than anything any of us will say in a given week. But I'm not talking to O'Connor, I'm talking to all y'all and I found GC's statemnt, independent of the importance of SDO's, to be silly.
Per his comments he finds mind similarly silly. I can live with that detante.
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