December 31, 2005
Scalia is the Funniest Justice
December 30, 2005
More Testimonials for Alito
- Former students said in interviews that Alito was friendly but reserved: the type of professor you would like to have a beer with after class but never did. And yes, his conservatism was well known but was never in evidence in the classroom, they said.
"The judge kind of took it all in. He never imposed his beliefs as much as there were times when he could have. I didn't understand that then, that a judge shouldn't be discussing feelings. Times I wanted him to inject his thought process and opinion, and it just didn't happen. He'd answer a question with a question, which showed his interest in probing the issues and our thoughts," said former student Joseph Arnold, a Philadelphia attorney who also took the class in 2003.
December 28, 2005
Is Alito pro militant racial separatist?
- BROWN: Item number two. All eyes will be on the president's second Supreme Court nominee as we approach the confirmation hearings for Samuel Alito. Will he get confirmed?
CARVILLE: I think so, but it will be a really big fight. I think they will go nuclear on a filibuster. The Democrats will mount a vigorous campaign. I think there will be big ethics questions and it will be an event that is a historical fight. The math is tough for the Democrats to overcome. I think the country will be treated to a huge civics lesson.
BROWN: Not like with John Roberts?
CARVILLE: No, and I think it will be pretty bitter and protracted and be a lot of procedural motions before this is over.
Nevertheless, Carville is tapped into liberal DC circles, so when he mentions a big fight over Alito's ethics, it's worth paying attention.
- “There are many very important and serious legal scholars who take issue with [liberty rights] because it very quickly becomes what the judge thinks the law should cover,” said Sean Rushton, of the conservative Committee for Justice.
- Hmm, I wonder what those words were that got replaced by brackets. Maybe they included the words “due process”? For the record, the Fifth and Fourteenth Amendments both say that no person “shall be deprived of life, liberty, or property without due process of law.”
I almost feel guilty opposing them.
December 22, 2005
Civil Rights Group Opposes Judge Alito's Nomination
As a deputy assistant attorney general at the Department of Justice under President Ronald Reagan, Judge Alito argued that certain non-citizens are not entitled to the protections offered by the U.S. Constitution. Judge Alito also raised opposition to the Supreme Court decisions that first articulated the fundamental civil rights principle of “one person, one vote.”My concern is not the position taken by AAJC, but the failure of the organization to substantively explain or defend it. That is, in its statement, AAJC does not spell out the allegedly questionable arguments made by Judge Alito (thus preventing the public from independently assessing the merits of these arguments), let alone describe how such legal judgments disqualify Judge Alito from service on the Supreme Court.
AAJC similarly ignores opinions in which Judge Alito ruled in favor of plaintiffs alleging discrimination (see, e.g., Fraternal Order of Police, Newark, Lodge No. 12 v. City of Newark, 170 F.3d 359 (3rd Cir. 1999) (holding that a police department's policy, which prohibited employees from wearing beards, had an exception for medical reasons, but admitted no exception for religious beliefs, violates the First Amendment); Shore Reg’l High Sch. Bd. of Educ. v. P.S., 381 F.3d 194 (3rd Cir. 2004) (holding that a school district failed to provide a free and appropriate public education to a student who was subjected to “severe and prolonged harassment” on account of the student’s perceived sexual orientation and apparent athletic inadequacy)).
Despite these and other cases, AAJC's deputy director of programs states, "based on Judge Alito’s record, we believe that his decisions would fail to demonstrate a clear understanding of key issues important to the civil rights community," again with no recitation of the relevant aspects of the record.
AAJC's conclusory statements do nothing to enrich the discussion regarding whether Judge Alito should be confirmed as an associate justice. If AAJC said case x demonstrates that Judge Alito is hostile to civil rights and that the analysis offered in that case is troublesome with respect to the nomination for reason y, others would be able to evaluate the strength of this argument and perhaps offer counter-arguments as to both x and y. Rather than advance the state of the debate, AAJC performed no public service in issuing this press release. If anything, it only serves to reveal AAJC's naked opposition to this nomination.
A Tale of Two Schumers
- "I'd like to read to you what Judge Alito has said about his own judicial philosophy: I consider myself a conservative . . . with a fair appreciation of judicial restraint. . . . Judge Alito has certain positions he personally believes in. He has an ideology. That's clear from . . . [his] pro-life point of view. That's different than mine. And of course I do not have a litmus test. Most of us don't. But what's abundantly clear from his record on the bench is that he can check his personal beliefs at the chamber's door and judge fairly and honestly."
Is there any reason to believe that Judge Alito is less capable than Judge Wesley of checking his personal beliefs at the chamber's door? Absolutely not. The improbability of Schumer expressing similar sentiments about Alito has, I suspect, everything to do with both New York politics and the influence of liberal special interest groups, and nothing to do with any real differences between the nominees.
Thanks to Dan Sullivan for bringing Schumer's 2003 press release to CFJ's attention.
December 21, 2005
The Latest Poll on Judge Alito's Confirmation
December 20, 2005
Yale Alito Project, cont'd
In all fairness to YLS, it should be pointed out that despite the involvement of some prominent liberal faculty, notably Bruce Ackerman and Owen Fiss, the Project does not in any way speak for the institution itself, any more than the Federalist Society-sponsored Harvard Journal of Law and Public Policy speaks for Harvard Law as an institution. The report itself can be found on a campus-activism website of the Center for American Progress.
Both sides of the mouth
On the other hand, these same liberal groups decry conservative criticism of court decisions. (See, e.g., PFAW's April 2005 "Right Wing Watch".) Can you imagine the liberal uproar about "judicial independence" if a conservative group were to oppose the appointment to a federal district court judgeship (say, by a President Hillary Clinton) of Judge George Greer (the Florida state judge who oversaw Terri Schiavo's starvation/dehydration) because of his "troubling" management of that case?
Maybe the rule is that it's okay to block appointments and promotions in retaliation for decisions, but not okay to criticize judges who are not up for higher appointment.
Or maybe the rule is that it's okay to lambast judges for conservative decisions, but not for liberal ones . . . .
Yale and Alito on Standing
The premise is questionable. Take one example, Alito’s rulings on standing. (Standing, for non-lawyers, is the term for the rules governing when federal courts can hear a lawsuit). The Yale project, citing mostly unanimous decisions like Joint Stock Society v. UDV North America, Inc. and Conte Brothers Automotive, Inc. v. Quaker State-Slick 50, Inc., concludes Alito is ideologically driven to limit access to courts by“construing standing narrowly” when he can.
From my brief review of the caselaw, I accept that Alito tends to take a narrower view of standing than would many Yale law professors. But ideology may not have much to do with it. Another explanation may be that the circuit in which he sits (the Third) doesn’t rubber stamp plaintiffs’ standing theories. There’s much evidence for this: For example, in the last few years, the Third Circuit has controversially denied standing to -- (1) class action plaintiffs suing HMOs under RICO in an opinion by Judge Greenberg (Maio v. Aetna), (2) securities “holders” under the Securities Exchange Act of 1934 in an opinion by Judge McKee (Trump Hotel & Casino Resorts v. Mirage Resorts), (3) health care recipients seeking class-wide monetary restitution from “misleading” health plans under ERISA in an opinion by Judge Roth (Horvath v. Keystone Health Plan E), (4) plaintiffs alleging an “environmental injury” under the Clean Water Act in another opinion by Judge Roth (Public Interest Research Group v. Magnesium Elektron, later overturned by the Supreme Court), and (5) a housing rights group in a suit targeting discriminatory ads under the Fair Housing Act in an opinion by Judge Mansmann (Fair Housing Council v. Main Line Times).
All of these cases were politically and legally controversial. And all but the Fair Housing Council case were unanimous panel decisions. All were cases in which there was no clear controlling precedent. Yet, in each case, the Third Circuit disposed of the standing issue against plaintiffs.
If the Third Circuit doesn’t open the door wide to any plaintiffs who put their name to a complaint, as these cases tend to suggest, then what can we say about Alito’s standing rulings? Nothing juicy, I’m afraid. The fact Alito’s opinions are consistent with trends in his circuit doesn’t tell us much about Alito’s “ideology.” It suggests, instead, that on the standing issue he is in tune the law of his jurisdiction and tries to reach outcomes consistent with that law. Again, that’s what an appeals judge is supposed to do.
December 18, 2005
CFJ in the Wash Post.
- "Finally, conservatives were unprepared to respond to the liberal polemics aimed at Bork. Reagan was vacationing in California while Sen. Edward M. Kennedy was falsely maligning Bork as being callous about back-alley abortions and complacent about Jim Crow. Today, in contrast, conservative organizations like the Committee for Justice or Progress for America are flush with funds, talent and media access to promote Alito's credentials and to answer extremist liberal detractors like People for the American Way or Alliance for Justice."
December 17, 2005
The Left "Reports" Again on Judge Alito...Brought to you by Americans United for the Separation of Church and State
If this incoherent rant is what the Left is throwing at Judge Alito now, his hearings will be quite a spectacle. They are so far outside the mainstream they are fading into oblivion.
December 16, 2005
Thoughts on Judicial Term Limits
The All-Consuming Abortion Issue
GOODWIN: “The issue of slavery could no longer be put aside. It would dominate the debates in Congress. As Thomas Hart Benton once colorfully observed: ‘We read in Holy Writ, that a certain people were cursed by the plague of frogs, and that the plague was everywhere! You could not look upon the table but there were frogs, you could not sit down at the banquet but there were frogs, you could not go to the bridal couch and lift the sheets but there were frogs!’ A similar affliction infested national discourse as every other topic was subsumed by slavery. ‘We can see nothing, touch nothing, have no measures proposed, without having this pestilence thrust before us. Here it is, this black question forever on the table, on the nuptial couch, everywhere!’”
ME: Sounds a lot like the abortion issue today -- particularly when it comes to issues of judicial selection. Sadly, a jurist with a long and proven track record of fairness and honesty, like Samuel Alito, gets caught in the crossfire. In his attempts to honestly read and apply the law in a variety of situations, he has issued opinions on both the pro-life and the pro-choice sides of the abortion debate. Yet still he is raked over the coals on the abortion issue because he does not routinely rubber stamp the pro-choice position.
I have written at length on each of the recent SCOTUS nominations, so I won’t regurgitate those feelings now. (A few links are here, here, and here, for those who are interested.) Instead, I will just briefly say that I supported the John Roberts nomination last summer and am wholeheartedly in favor of the pending Samuel Alito nomination. Despite this support of Bush’s nominees, if I were President for a day, an Edith Jones nomination would currently be pending before the Senate!
Thanks again to Curt and Sean. I look forward to blogging for CFJ!
December 15, 2005
NARAL Attacks Alito
This is the opening shot of an onslaught of attacks from pro-abortion radicals who support unregulated abortion on demand, 24-7, 365.
It is 24 pages long, which I'm sure is full of predictible stuff, but here are a couple of snapshots:
"Whether Samuel Alito would vote to overrule Roe v. Wade and whether his vote would be the last necessary step to Roe’s demise are not the only questions before the Senate or the American public. For overruling Roe is not the only way to end legal abortion or make access so difficult, expensive, and dangerous that abortion’s legality is practically meaningless. Indeed, overturning Roe outright is not the most likely avenue for the Court and anti-choice legislatures to take in the near term.
"Stacking the Court with Justices who are indisposed to find a state regulation to be an “undue burden” is as sure a way of ending legal abortion for many women in much of the country as is overturning Roe. It’s just far more subtle and less likely to create political backlash."
Anti-Alito Tour Is Drawing Small Crowds
Website has deadlinks, low turnout. Very Shakespearean..."...full of sound and fury signifiying nothing."
Sean Rushton and I are quoted in a NY Sun article that you can read here.
Democrats Like Teenagers
"Like teenagers dashing across the tracks in front of an advancing locomotive, Senate Democrats are strutting their stuff at the Capitol, threatening to filibuster the Supreme Court nomination of appeals court Judge Samuel Alito."
"This is all about the Democrats' need to rally their constituents by convincing them such Republican nominees seek to outlaw all abortions on their way to creating a fundamentalist theocracy."
Sen. Byrd's "interpretation of 'freedom of speech' would justify tying up the only pay phone in a burning theater rather than allowing someone to use the line to summon the fire department. He wants the freedom not to submit the Alito nomination to a majority vote on its merits -- the only kind of political 'speech' that counts, in the long run."
"The risk [the Democrats] take is that Republicans will call their bluff, employ the 'nuclear option,' and clear the way to rule as majority party, leaving the minority to issue fatwas of dissent from their booth at the Palm over on 19th Street."
December 14, 2005
For what it’s worth, my thoughts on Alito and Roe: I don’t think he should try to parse this issue, or distance himself from his 1985 statements. He should state unequivocally and forthrightly that in his opinion Roe was wrongly decided. Anything else will appear insincere, calculated, evasive, less than fully honest.
That said, however, Alito should pledge to evaluate any case coming before him that touched upon Roe based upon the facts in that particular case. This is a principled and defensible position. Alito obviously cannot answer, and should refuse to answer, a hypothetical question whether he would vote to overturn Roe. Each case is different, the issues are different, the facts are different, and each case can only be decided on its own merit.
Talk in Richmond, VA
December 13, 2005
Lies, Damned Lies, and "Statistics"
But I noticed another, although lesser, flaw: The survey doesn't tell us how many of Alito's opinions are for a unanimous panel. That's a flaw Judge Frank Easterbrook identifies in Cass Sunstein’s study purporting to identify the biases of reputedly "conservative" judges. As Easterbrook has suggested to statistician John Lott (see page 3 of this Lott paper for the partial Easterbrook quote), the fact a judge frequently votes in favor of one type of party or another in a string of cases doesn't tell us much if most of those cases are unanimous. Unanimous decisions may reflect straightforward questions dictated by circuit or Supreme Court precedent. Therefore, they are a poor basis for inferring bias. Indeed, if a large proportion of a judge's opinions are unanimous, it may reflect his or her fidelity to the rule of law. If the Third Circuit is tough on criminal defendants, and Judge Alito follows precedent, then the fact he doesn't dissent very often from his brethren suggests Judge Alito is faithful to the law of the circuit--not that he's "biased" against defendants.
Stuart Taylor, Jr. on Alito press coverage
Relatedly, T.R. Goldman at Legal Times reports:
With Senate Democrats clearly outnumbered, liberal interest groups are staking their campaign against Samuel Alito Jr. on a simple strategy: Transform Alito into Robert Bork by any means possible — whether the shoe fits or not.(cross-posted at Point of Law).
December 12, 2005
Greetings from Cato
I won’t pretend that I avidly endorse every aspect of Judge Alito’s record: Like Ilya Somin, I suspect (based on sheer conjecture) that I will be relatively pleased with Alito’s approach to federalism and the First Amendment, but the civil libertarian in me won't be pleased with his approach to, for example, criminal procedure.
Even so, I firmly believe that the judicial branch benefits from an unpoliticized nomination process, in which nominees who are demonstrably capable, independent, and committed to the rule of law get confirmed. That’s Judge Alito. And that’s why I’m willing to support his nomination even though I’m sure I won’t agree with all of his opinions. I only wish Senate Democrats were willing to do the same.
Sean Rushton and Curt Levey have been particularly generous in inviting me to join the discussion here since I haven't always seen eye to eye with the Committee on the best way of framing the debate over this fall's judicial nominations. (Nor do I always see eye to eye with the Bush Administration, either, though on the litigation-reform issues close to my heart it's shown welcome leadership.) Where we all do agree, I think, is in regarding John Roberts and Samuel Alito Jr. as outstandingly qualified nominees who are likely to bring distinction, along with a much-needed spirit of judicial restraint and humility, to the high court.
Senator Tim Johnson Being Targetted by Planned Parenthood
One week ago today, Fidelis launched a Christmas ad campaign that highlights our Judeo-Christian roots and referes to Judge Alito's ruling in the ACLU v Schundler that you can view by clicking here. It has gotten quite a bit of press coverage and forced the Religious Left to hold a press conference to which CFJ and Fidelis countered with their own.
Regarding Senator Johnson being targeted by Planned Parenthood, Fidelis discovered PP is calling South Dakota residents and patching them through to Johnson's D.C. office, who then tell him to oppose the nomination of Judge Alito because "he will overturn Roe v Wade."
Last Thursday we sent a press release which in part I stated: "Planned Parenthood is engaged in very risky politics by bringing their extreme position on abortion into South Dakota, a well known pro-life state. Senator Johnson must reject the political litmus tests imposed on judicial nominees by radical pro-abortion groups like Planned Parenthood. The place for policy politics is the Congress not the courts."
You can read Friday's AP coverage on this in the Aberdeen American News by clicking here. Johnson's comments are as strained as Daschle's were in August/September of 2004 before he started to unravel on the abortion issue.
The Rapid City Journal also picked up the topic on Saturday and you can read it here.
December 11, 2005
Alito on antitrust
December 10, 2005
A Liberal Alito Clerk Speaks
As a former clerk for Judge Samuel Alito, I can tell you he is not the conservative ideologue portrayed in a recent article by Knight Ridder reporters Stephen Henderson and Howard Mintz.
I am a registered Democrat who supports progressive causes. (To my wife's consternation, I still can't bring myself to take my "Kerry for President" bumper sticker off of my car.) I clerked for Alito from 1997 to 1998. Notwithstanding my close work with Alito, until I read his 1985 Reagan job application statement, I could not tell you what his politics were.
* * *
One example that I witnessed of Alito's ability to approach cases with an open mind occurred in the area of criminal law, an area in which Alito -- a former federal prosecutor -- had particular expertise. One time, I was looking at a set of legal briefs in a criminal appeal. The attorney for the criminal defendant had submitted a sloppy brief, a very slipshod affair. The prosecuting attorney had submitted a neat, presentable brief. I suggested (in my youth and naivete) that this would be an easy case to decide for the government.
Alito stopped me cold by saying that that was an unfair attitude to have before I had even read the briefs carefully and conducted the necessary additional research needed to ensure that the defendant received a fair hearing before the court.
Perhaps that's not what one would expect from a conservative ideologue (and former federal prosecutor), but it is indicative of the way that Alito approaches each case with an open mind, and it is a lesson I've never forgotten.
Another example, which reached a result that would seem contrary to a conservative ideologue, was a case I worked on with Alito (U.S. vs. Kithcart) in which he reversed the conviction of a black male, holding that an all-points-bulletin for "two black men in a black sports car" was insufficient probable cause to arrest the driver of the car. Notwithstanding the driver's guilty plea, Alito reversed, finding that the initial arrest lacked probable cause, stating: "The mere fact that Kithcart is black and the perpetrators had been described as two black males is plainly insufficient."
This is hardly the work of a conservative ideologue.
December 09, 2005
'Twas one month before the hearings...
“Twas one month before the hearings, and all through the city
Not many Democrats were waiting, not even some on the Committee
The hard left was already distorting his rulings
Why wait for the hearings if you oppose all the President’s doings?
Some Senators asked for privileged documents, no exception
So much for the “so-called” right to privacy protection.
From strip searches to abortion, “he's an extremist!” they wailed
But we've heard it before—against Judge Roberts, it failed.
Of course the attacks will not turn the public
“Confirm him” they say, we want independent courts in our republic!
December 08, 2005
The expectations game.
Any how, PFAW’s agenda is obvious: throw out enough accusations that the press reports the nominee as “controversial,” then, spin some line or another from the hearings as proof. Look for a barrage of liberal ads and events around the hearings, particularly after. These “see-what-sticks” attacks have already found takers at several of the nation’s premiere news outlets.
Another area for reportorial vigilance: more skeptical reporting on liberal groups opposing Alito. Puh-lease. As Third Branch Conference chairman Manny Miranda wrote yesterday in response to reports that the Congressional Black Caucus opposed Alito, “Oh, my lord. Say it isn't so. This must be ratings week. What’s next – Durbin in a dress?”
Remember reporters: the Left didn’t lay a glove on John Roberts, so their funders expect more this time around. Expect a harsh and extended attack from liberal interests on Judge Alito, and consider the motives behind it when reporting it to the country.
Specter: "Alito will have to answer more questions than Judge Roberts did"
The basis for Knight Ridder's claim is a "review of Alito's record [which] reveals decisions so consistent that it appears results do matter to him." In other words, Alito stands accused of being a results-oriented judge. However, it turns out that it is Knight Ridder's methods and not Alito's decisions that are results-oriented. A meaningful analysis of Judge Alito's record would have looked to see if Alito bent the law and skewed his legal reasoning to reach certain outcomes. But that would have required analysts with a deep knowledge of the law. Instead, the review of Alito's record was performed by two reporters and a "researcher."
The results were predictably shoddy. The article's evidence that Alito is results-oriented consists not of legal analysis, but of little more than counting outcomes. For example, Alito is said to have sided with 4 of 18 discrimination plaintiffs, 12 out of 60 defendants in criminal appeals, 2 out of 10 death row inmates, and 7 of 24 noncitizens in immigration cases. In other words, the article is based on an utterly results-oriented analysis. How's that for the pot calling the kettle black?
The article reveals more than the poor quality of Knight Ridder's research. It also tells us something about the quality of the arguments typically made against Judge Alito. In fact, the article is a classic example of the results-oriented perspective that leads many journalists, politicians and liberal activists to believe that a judge, like Alito, who adheres faithfully to the law – rather than reflexively ruling for the "sympathetic" party – must have a conservative agenda.
December 06, 2005
The truth is we don't know what Judge Alito's personal or jurisprudential views on affirmative action are, as evidenced by the fact that AAAA can point to no more than a few tidbits from twenty years ago as indicators of those views. But even if we assume, for argument's sake, that Justice Alito would be skeptical of affirmative action – that is, preferences for minorities – it is hard to explain AAAA's negative comparison to Justice O’Connor. Although O'Connor did author an opinion upholding an affirmative action admissions plan in Grutter v. Bollinger, she has sided with the party challenging an affirmative action plan on most of the occasions that the issue has come before the Supreme Court. The examples include a broad range of affirmative action programs, encompassing employment (Wygant v. Jackson and Sheet Metal Workers v. EEOC), contracting (Adarand v. Pena and Richmond v. Croson), admissions (Gratz v. Bollinger), and government licensing (Metro Broadcasting v. FCC).
Perhaps the most interesting thing about AAAA's press release is that it reveals that AAAA – like much of the civil rights community – has never come to grips with the discriminatory nature of affirmative action. The press release describes President Johnson's famous Executive Order 11246, issued in 1965, as "requir[ing] that federal contractors . . . use affirmative action," but the release goes on to claim that "the Executive Order and its regulations do not require or condone preferential treatment." That is an outright contradiction, because affirmative action is, by definition, preferential treatment for minorities or other "disadvantaged" classes of people. That is precisely why it is controversial and subject to legal challenge. When affirmative action is challenged in court, the issue is not whether minorities are receiving preferences, but whether those preferences can be justified by diversity or the like. I bring this up not to find fault with AAAA, but to point out that the Left often defends affirmative action by refusing to acknowledge it for what it is. Thus, it is no wonder that AAAA cannot imagine that Judge Alito – and the American people – might have reservations about affirmative action while being entirely supportive of anti-discrimination laws.
Of course, AAAA would like us to believe that Alito is unsympathetic to victims of discrimination. But, like other attempts to support this claim, AAAA's press release paints a distorted picture of Alito's record by omitting mention of cases in which he ruled in favor of civil rights plaintiffs, and portraying rulings based on procedural and/or narrow issues as broad rulings against civil rights. Ample examples of both types of distortion can be found in a report by the Committee For Justice. Accordingly, I won't go into detail here, except to recommend looking at the report's examples of cases where Alito has ruled for plaintiffs claiming race discrimination (Brinson and Williams), disability discrimination (Polini and Shapiro), age discrimination (Showalter), and violations of other employee rights (Mitchum).
December 05, 2005
Holiday Season Ads
For a description of the religion cases in which Judge Alito has been involved, see CFJ’s report on his judicial record or Fidelis’s summary of the cases.
December 02, 2005
- Boston Globe reports top Democratic Senators are questioning Judge Alito's credibility. According to the Globe Sen. Kennedy said, "''The more I learn about Judge Alito, the more concerns I have. A credibility gap is emerging with each new piece of information." These types of comments are related to Judge Alito's omission of documents he wrote 20 years ago? Is he really suppose to remember all the documents he wrote or discussed while working for the Reagan administration?
- Savethecourt.org is continuing the assault on Judge Alito's credibility with a list of issues they say the new documents have raised questions about.
- NYT discusses the Democrat's new tougher stance on Alito. According to the article, Schumer said, "Certainly the chance of a filibuster is greater today than it was the day Alito was nominated because of so many new revelations."
CFJ Gets Shout Out in World Magazine
The article mentions several other things about CFJ's recent activities trying to correct the false claims made by the Left about Judge Alito's judicial record. World Magazine mentions "CFJ's website carries a 27-page report that counters" their distortions. "And the group's Thanksgiving spots struck back at PFAW and allied groups for their broader agendas: 'They want to take God out of the Pledge of Allegiance and are fighting school choice,' the voiceover goes. 'They support . . . partial-birth abortion. They are trying to redefine traditional marriage and promote voting rights for convicted felons. . . . Do these groups represent you?'"
Click here to see the full article.
The Untouchable Right
"In the polarized post-Roe politics, many Democrats are now poised to oppose the confirmation of Sam Alito on the grounds that abortion rights, unlike all other rights (to free speech, private property, etc.), must be utterly unrestricted." (emphasis added)It is worth noting that many of the other constitutional rights, on which greater restrictions are permitted, are explicitly found in the Constitution. Whatever you might think of the right to abortion first set forth in Roe v. Wade, it was found in the Constitution's penumbras rather than in its actual text. That makes the special untouchable nature of this right all the more inexplicable.
Consider the irony that the courts allow substantive burdens on the right to free speech, a right that is found explicitly in the First Amendment and is arguably the most important of all constitutional rights. For example, speech can be punished where it creates a hostile environment for minorities or women or threatens substantially disruption in a school. In contrast, the only restrictions that are allowed on abortion rights are procedural, such as requirements for parental notification or performance by a licensed physician.
December 01, 2005
Further Thoughts on Thornburg
- People for the American Way issued a press release yesterday discussing Alito's preference on Roe v. Wade and a state's ability to restrict abortion access. The release cites several times from an Alito memo in 1986, which discussed the case Thornburgh v. American College of Obstetricians and Gynecologists.
- Daily Kos blogged today about Specter, Alito, and abortion. They claim that Specter or anyone else that considers themselves pro-choice cannot vote to confirm Judge Alito because it is a guaranteed vote to overturn Roe. They also conclude there are plenty of other reasons to reject Alito's nomination to the Supreme Court.
- NARAL sends out a press release calling Judge Alito the "Anti-choice Legal Architect" at the DOJ. Apparently, these new memos show just how hostile Judge Alito is to women and their reproductive rights. Supposedly, he spent years working to dismantle the fundamental protections women have under Roe v. Wade. Nancy Keenan says, "Samuel Alito's writings reflect a visceral opposition to Roe v. Wade. It is clear that his legal philosophy calls for a calculated strategy to dismantle fundamental constitutional protections for women, including the health exception issue that the Supreme Court is considering right now."