Selasa, 07 Maret 2006





AnnaNicole,Blackberries and No Fault Divorce?

The US Supreme Court has taken on some interesting questions this term, some of which may have an impact on the average citizen. Though I thought about entering the modern age of Blackberry; I decided to hang on to my latest bit of technology now deemed a dinosaur,called the Palm Pilot, awaiting the court's decision on Blackberries continued usage. The thought of waking one morning to a blank screen erasing my life was enough to scare me into remaining behind the times. It was only a little over a year ago that I let go of my age old paper diary amidst the haggling by my fellow colleague's in the court house, who now live in fear of having to utilize their cell phones at any given moment to direct them to their next appointment.
The other case of some notoriety before the court involves Anna Nicole Smith. The age old controversy between The Feds and The State comes to life in this sexy made for TV movie. Whose ruling is mightier? The Bankruptcy Court or the State Probate Court is the question that is asked. Considering the newly conservative bent of the court this should have been considered a slam dunk for state's rights ,however, the case of Bush versus Gore(or was it Gore versus Bush) showed us that the Supreme Court quickly overruled the Florida Supreme Court's rule regarding their own elections leading some to believe they ultimately decided the Presidential election.
On to another thought; why doesn't some well meaning citizen challenge the state laws on fault and divorce? Only eight states still require some form of fault in order to proceed with a divorce with Louisiana purporting to now have a no fault provision requiring a 180 day waiting period. The District of Columbia, Maryland, New Jersey, New York, North Carolina, South Carolina and Virginia remain the only states requiring divorcing spouses to feud it out over who should take the blame for the failure of the marriage. It would seem that these well intentioned states are misinformed as to the fact that making it easier to divorce does not lead to a greater divorce rate. Finding fault and adding to what is already hostile litigation is cruel and unusual. Why not take on these states and put them in line with the rest of the country? It is for the good of the people. That is somewhere in the our constitution isn't it?

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