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« North Korea Hates Pants | Main | Al Franken: Racist »
November 04, 2005

Bork Alito

Good enough for me:

He has certainly said the right things: “Judges should be judges. They shouldn’t be legislators, they shouldn’t be administrators.” That that should be refreshing, that it should even need saying, shows how far sunk in activism our courts, and particularly the Supreme Court, have become. Alito is a member of the Federalist Society, an indication that he is devoted to the rule of law rather than the rule of judges.

...

We may be confident, I think, that a Justice Alito, like Chief Justice John Roberts, will not vote to create new and hitherto unsuspected constitutional rights. He will not share the extreme liberationist philosophy, one of the hangovers from the 1960s, that characterizes the current Court majority. But, also like Roberts, we do not know whether he will vote to overturn the worst constitutional travesties of the past. And, if he is the superb lawyer he is reputed to be, we will not learn that at his hearings either.

Yet overturning Roe v. Wade should be the sine qua non of a respectable jurisprudence. ...

If judgments about the prudence of overruling are invoked, the justices should take note of the fact that Roe lies at the center of the bitter polarization of much of American society. In countries where the issue is decided democratically, no such intense animus exists. Compromises are worked out and each side knows that it is free to continue the public debate in hope of doing better next time. That was, and would be again, the case in America if the subject of abortion were returned to state legislatures and electorates. Overruling Roe would not, as some Democrats will claim, make abortion illegal, but merely the subject of democratic regulation. We have paid a high price for a ruling that rests upon nothing in the Constitution and was arrived at in an opinion of just over 51 pages that contains not a line of legal reasoning.



posted by Ace at 02:11 PM
Comments



Anyone make a beard joke yet?

Posted by: Knemon on November 4, 2005 03:31 PM

Roe lies at the center of the bitter polarization of much of American society.
And overturning the decision would make this better how?

Posted by: Tom M on November 4, 2005 05:51 PM

Because then the Jeebus states could ban abortion and the Hillary states could erase even the post-Casey restrictions? I guess?

Posted by: Knemon on November 4, 2005 07:27 PM

I grew up in the pre-legal abortion era and know just how easy it was for my friend to get an abortion. I don't think the pratice will change one way or another regardless of what the SCOTUS says. I'm more interested in things like that Kelco, 1st and 2nd Amendment rights be reinstated.

Posted by: rabidfox on November 4, 2005 07:44 PM

Don't get me wrong, Roe was bad law. I think the least talked about group in this fight are Pro-choicers that want it repealed.

But doing the right thing does nothing more than do the right thing. The animousity will increase, and probably galvanize.

Posted by: Tom M on November 4, 2005 11:05 PM

not only that, but the animosity will increase as well.

Posted by: Tom M on November 4, 2005 11:11 PM

"I think the least talked about group in this fight are Pro-choicers that want it repealed."

I'll gladly talk about that group, because I'm in it. And nothing is more fun to talk about than oneself.

The animosity might increase in the short-run, but ... avoidance of animosity is not the only concern, goal, or guiding principle.

Whatsisname, the Slate guy, name escapes me for the moment, who wrote "Bearing Right" (wasn't Kinsley, can't remember which one), isn't necessarily in the pro-choice anti-Roe camp, but he certainly sees the writing on the wall. The pro-choice position is currently resting on untenable ground.

It's the Sword of Damocles hanging over the pro-choicers' head - repeal Roe and, short of a Federal Life Amendment, the blue areas will still get to abort away, 24/7. That's where the organs of liberal animosity are, so the effect might not be as strong as you'd think.

I think such an amendment will never be, at least within the 40-year horizon. After that all bets are off - two whole new generations of people will be walking around, and, more to the point, voting (and serving in Congress).

Posted by: Knemon on November 5, 2005 02:10 AM

When the far right realizes that Alito wrote passionately in defense of privacy OVER govt reg of sexuality (even of sodomy, homo. sex, etc.), they might get all worked-up as they did against Miers.

Unless they decide he was young then, and can be forgiven.

Posted by: tubino on November 5, 2005 09:01 AM

When the far right realizes that Alito wrote passionately in defense of privacy OVER govt reg of sexuality..

Why?

Posted by: on November 5, 2005 09:18 AM

Knemon:
avoidance of animosity is not the only concern, goal, or guiding principle
Fo' sho', I'm not sure it should be any concern at all.

What I think is that, as things stand right now, we have riots demonstrating the folly of progressive programs in France, a slowly emerging (for some) awareness of the threat of Islamic fundies, and the very slow swing of the pendulum back toward traditionalism.

Interesting times.

Posted by: Tom M on November 5, 2005 09:59 AM
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