Judge Alito's Rulings in Abortion - Update

| 2 Comments

Hugh Huwitt comments on the Christian Science Monitor article that looks at Judge Alito's record in cases involving abortion:

The conclusion: He's a superb circuit court judge who is applying the law as the Supreme Court has announced it. Anyone purporting to know how Judge Alito will rule on abortion -related cases as a member of SCOTUS is making it up. Period.
Some struggle with the fact that Alito submitted to prior Supreme Court rulings as required by law and does not have an explicitly pro-life public stand. Others take comfort in the fact that he apparently disagreed with SCOTUS in Carhart, stood for the personhood of the unborn in Alexander v. Whitman, and is a strict constructionist.

Those discouraged by the MSM’s representation of Alito’s peers (Judges: Alito Unlikely to Overturn Roe) would do well to read Daisy Cutter’s commentary of the judge’s prior decisions. Also, check out Charles Krauthammer's Distorting Sam Alito.

Also blogging: StoptheACLU, MyopicZeal

Updates:

See JivinJ's article on Alito: Below the Belt - NARAL's former president, Kate Michelman, takes a cheap shot at Judge Samuel Alito ...

2 Comments

Others take comfort in the fact that he apparently disagreed with SCOTUS in Carhart,

**
Where is your evidence that he "apparently disagreed" with Stenberg v. Carhart??? There is absolutely NOTHING in Farmer to suggest that. Nowhere does he expressly say or even imply that he disagreed with Stenberg. Nowhere does he say or suggest the Supreme Court was wrong, nowhere does he say or suggest that there is no right to a partial birth abortion to be found in the Constitution. He does not even criticize the practice, as have other judges. Certainly he knows how to express disagreement and if he had disagreed, he would have said so. However, he did not. Mere invocation of precedent and stating that it is binding, which is all he did, is not proof of disagreement with that precedent, nor is it sufficent to permit a reasonable person to infer such disagreement. If you think that he said he did disagree, you must have a different version of the Farmer decision than the rest of the world. So how do you come to this conclusion that he "apparently disagreed"? He did no such thing!

**
Others take comfort in the fact that he . . . stood for the personhood of the unborn in Alexander v. Whitman,

**
Huh??? Have you even read Alexander?? He did NOT stand for the personhood of the unborn! He ruled the exact opposite of what you claim. He agreed that the unborn are not "persons" under the Constitution.

**
Only by hopes and prayers and wishful thinking can anyone conclude that Alito will overturn Roe. Only by reading things into his decisions that are not there, and only by calling things the opposite of what they are can lead one to the conclusion that he will overturn Roe because the arguments made in his favor are essentially boiled down to: his pro-abortion rulings are actually proof that he is pro-life. Nonsensical on its face.

**
Besides, we must remember that before he can even reach Roe, he has to get past Casey, which basically admitted that Roe lacked merit, but nevertheless upheld it as a matter of stare decisis. Alito's record and judicial conservatism suggest that he will do the same thing. At best, he is a question mark. Even Robert Bork admits that.

**
Please do not attempt to pass him off as some pro-lifer, especially since there is NO EVIDENCE to support such a claim. On the other hand, there is the actual and substantial evidence of his prior rulings that he will, by his judicial conservatism, apply stare decisis and follow the precedent of Casey and thereby uphold Roe. Please do not simply dismiss all that evidence out of hand. Do not allow your strong desire for a pro-life justice to blind yourself to the evidence. Trust your first instincts. If you had known this before the nomination, you would not be supporting him now. Never in a million years would you have said, yes, let's nominate a guy that has a record of voting on the pro-abortion side.

I linked to posts and articles that stated and supported Alito "apparently disagreed" and " stood for the personhood of the unborn" so I'm not going to argue the point here. Further, I didn't "pass him off as some pro-lifer" as you assert in your straw man argument. "Only by hopes and prayers and wishful thinking" is an opinion and nothing more. Yet I agree that we ought to be alarmed at Alito's rulings that were consistent with existing law protecting abortion. Unfortunately, we do not know and will not know how Alito will rule on Roe v Wade during this confirmation process.




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