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In the hearings on Judge Alito for Supreme Court
Justice, Arlen Specter and his fellow pro-abortion Republicans will try to
convince the rank and file Republicans that Alito is a "conservative" and is
pro-life.
So far their first exhibit is Alito's "dissenting
"opinion in Planned Parenthood of S.E. Pa. v.
Casey. Alito's position was that a married woman should have to
notify her husband if she was going to get an abortion. Using this
case to show Alito is "pro-life is a non sequitur. All he is saying
is that killing the baby (abortion) is okay as long as the husband knows it's
going to happen but is powerless to stop it.Yet the media is playing the case as
proof Alito is a "conservative." After all didn't he vote against the position
of Planned Parenthood (although he lost on his notification point) he still
supported the women's right to abortion without notification.
Actually, in this case he affirmed the right to
abortion citing (with approval) Stenberg v. Carhart a case that permanently
prohibited New Jersey from enforcing its law banning partial birth abortion, a
procedure for killing a fully developed baby during birth by cutting its skull
open and sucking out the brains.
This grisly procedure is anathema to a large
majority of the public who understand how the baby is killed.
It is misleading to call his opinion a
"dissent," He still supported a women's right to abortion including
partial birth abortions.
Specter will have a hard time overcoming this. He
would fight to keep it from discussion in the hearing counting on the media
to bury it if it reports on it at all. Anyone who dares bring the subject up
will be labeled an extremist. (out of the "mainstream").
Jim Rarey
i
| High-Profile Cases With Majority
Opinions and Dissents by Alito |
| The charts below
contain a selection of the high-profile cases with written opinions
by Judge Alito since his 1991 appointment to the U.S. Court of
Appeals for the Third Circuit by former President George H. Bush,
including abortion
cases, First
Amendment cases, and criminal
cases. | |
|
ABORTION
CASES
Judge Alito has
written judicial opinions that both support women?s reproductive
rights, and opinions that some political conservatives and abortion
opponents show that Judge Alito might support their
beliefs. |
| Case |
Summary of Facts |
Case Type |
Result |
Planned
Parenthood of S.E. Pa. v. Casey
(3d Circuit 1991) |
Alito?s dissenting
opinion is often cited by opponents of abortion. In it, he
concluded that ?Pennsylvania has a legitimate interest in furthering
the husband's interest in the fate of the fetus,? under the state?s
abortion notification law. The U.S. Supreme
Court subsequently ruled in the case, and disagreed with Alito.
|
Abortion, Healthcare, Constitutional Law |
Majority finds Pa.?s abortion
notification law for husband's unconstitional. |
|
(3d Circuit 2000)
|
In his concurrence, Alito cites
the U.S. Supreme Court?s decision in Stenberg v.
Carhart in support of upholding a lower court?s decision to
permanently enjoin (i.e., prevent) enforcement of New
Jersey's Partial-Birth Abortion Ban Act of 1997 |
Abortion, Healthcare, Constitutional Law |
1997 N.J. ?Partial-Birth? Abortion
Ban Act is held
unconstitutional | |
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