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- From: PL436000@BROWNVM.BITNET (Jamie)
- Newsgroups: bit.listserv.politics
- Subject: Re: Bray v. Alexandria [Jamie's response]
- Message-ID: <POLITICS%93012612162652@OHSTVMA.ACS.OHIO-STATE.EDU>
- Date: 26 Jan 93 16:46:19 GMT
- Sender: Forum for the Discussion of Politics <POLITICS@UCF1VM.BITNET>
- Lines: 65
- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Return-Path: <@OHSTVMA.ACS.OHIO-STATE.EDU:PL436000@BROWNVM.BITNET>
-
- >From: JCOCURUL@DREW.BITNET
- >
- >In article <tfilt459274@drew.edu>, Jamie <PL436000@BROWNVM.BITNET> writes:
- >
- >>>From: JCOCURUL@DREW.BITNET
- >
- >> Because that Federal right is a right against the government.
- >> Scalia says, plausibly, that OpRes cannot be conspiring to
- >> deprive women of rights they hold against the government.
- >
- >does the law support such an argument? why would the kind of right at
- >issue effect matters. Perhaps the wording of the law, which I don't
- >have?
-
- I will provide the wording of the law below.
-
- The rights at issue are the ones listed in the bill of rights. They
- are rights people have against the goverment. They say what the
- government is not allowed to do. The only way OpRes could be
- conspiring to violate THOSE is by conspiring to make the government
- do certain things. So Scalia was arguing.
-
- >> O'Connor and others rest their argument on a different
- >> part of the law. OpRes, she says, is deliberately rendering
- >> local authorities incapable of protecting citizens. The KK law
- >> was explicitly designed to bring federal authorities into the
- >> scene when local authorities are overwhelmed. Scalia seems
- >> to have no argument to rebut O'Connor's point.
- >
- >KKK. wouldn't be the first time when Scalia did this. New Republic
- >had a piece about him that was interesting a few weeks back.
-
- KKK? Oh, Joe is correcting my spelling! No, the law was called
- the "Ku Klux Law," not the "Ku Klux Klan Law."
-
- I am dying to read that NR article. Coincidentally, someone else
- mentioned it to me this morning.
-
- Here is the text of the law in question:
-
- ``If two or more persons in any State or Territory
- conspire or go in disguise on the highway or on the
- premises of another, [first] for the purpose of depriving,
- either directly or indirectly, any person or class of
- persons of the equal protection of the laws, or of equal
- privileges and immunities under the laws; or [second]
- for the purpose of preventing or hindering the consti-
- tuted authorities of any State or Territory from giving
- or securing to all persons within such State or Terri-
- tory the equal protection of the laws; . . . in any case of
- conspiracy set forth in this section, if one or more
- persons engaged therein do, or cause to be done, any
- act in furtherance of the object of such conspiracy,
- whereby another is injured in his person or property, or
- deprived of having and exercising any right or priv-
- ilege of a citizen of the United States, the party so in-
- jured or deprived may have an action for the recovery
- of damages occasioned by such injury or deprivation,
- against any one or more of the conspirators.'' 42
- U. S. C. 1985(3).
-
- The "first" and "second" in brackets were added by Stevens (I think)
- so that he could refer conveniently to the two separate provisions.
-
- Jamie
-