31 October 2005

Is he related to Judge Lance Ito?

So it looks like it's going to be Alito, and if you haven't been keeping track of the bench, here's a good overview from law.com. Especially noteworthy: He was the lone dissenter in the 3rd Circuit in the Casey case, which you'll remember was much discussed in the John Roberts hearing. Casey concerned a Pennsylvania law that required women to notify their husbands when seeking abortions. The 3rd circuit struck down the law, but Alito thought it was a good idea, q.v. his obviously disingenuous logic here, saying in effect that b/c the law could have served an interest in some few (and odd,) cases, the state was justified in applying this barbaric restraint to not all, but all married women:
"The Pennsylvania Legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands' knowledge because of perceived problems -- such as economic constraints, future plans or the husbands' previously expressed opposition -- that may be obviated by discussion prior to the abortion."

Could have believed? Some women? May be obviated? Lotta holes in that net. Plus wouldn't it create an undue division among women, depriving the married ones of a right that is granted single ones? In fact, isn't the Casey law one of the rare instances of our government showing a predjudice against marriage? While the 3rd had only a lone dissenter, Mr. Alito, Casey went eventually to the Supremes, where Rehnquist and (surprise) Scalia agreed with Alito's twisted non-logic. This is where we're headed, people. And please believe we say that not in an alarmed or inciting sense, but rather with a bored and heavy sigh of resignation. Standing Eight is rooting for but not predicting a fillibuster, and very willing to be wrong on the prediction. And forget your John-Roberts-Vote-as-Democratic- Presidential-Litmus-Test theorists of last month, here's the word: No Democratic senator who does not actively oppose Alito will ever win a single Democratic presidential primary. Standing Eight is prepared to use it's ever more considerable clout to insure that. (Sarcasm either reads poorly in print or is not Standing Eight's strength. )

Also especially noteworthy (end of law.com piece): People on the right think he's a great choice to be the first Hispanic justice. He's Italian. "We are not making this up," to quote Dave Barry, who we think is Chinese.

1 comment:

Anonymous said...

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