Carol Platt Liebau: Alito and Casey

Monday, October 31, 2005

Alito and Casey

The left-wing special interest groups are already trying to make hyperbolic hay of the fact that Judge Alito voted to uphold a spousal notification provision as part of abortion legislation in Planned Parenthood v. Casey.

Here's the point. The relevant question is not whether Judge Alito himself favors spousal notification before a woman can get an abortion. Nobody knows, and frankly, nobody cares. The question he was asked to adjudicate -- and did -- was whether the Pennsylvania legislature could make that policy decision and enshrine it in law without violating the Constitution.

Even from this account of the Supreme Court deliberations in Casey, it's clear that Judge Alito's opinion was hardly bizarre or out of the mainstream. In fact, if Justice Kennedy had stuck by his original vote, Judge Alito's position would have been that of the Supreme Court. Given that fact, it's (predictably) both inaccurate and misleading for the left to act as though Judge Alito's decision was clearly and obviously out of bounds, when in reality, the entire Casey opinion ended up being governed by Justice Kennedy's last minute change of heart.

Of course, it's unrealistic to expect either truth or temperance from the left. But fact are facts -- and it's simply wrong for the left to distort them in order to try to scare its base and score political points.

3 Comments:

Blogger stackja1945 said...

The left will twist and turn all that is right to seem to be wrong, as the left is always right and the right is always wrong.

5:24 PM  
Anonymous Anonymous said...

"The question he was asked to adjudicate -- and did -- was whether the Pennsylvania legislature could make that policy decision and enshrine it in law without violating the Constitution."

Which of course, he decided incorrectly. But I guess the new standard for the so called best of the best is "close enough."

I find it amusing that Carol's support for Alito on this point is right below a post where she (rightfully) wails about the Australian authorities not offending "cultural sensitivities" in domestic violence cases involving muslim women.

Personally, I'm against state sanctioned misogyny, whether it comes from refusing to enforce the law against abusive muslim husbands, or from forcing dependency and a de facto veto on abusive american husbands. And I would hope that a Supreme Court justice would not say that the Constitution permits such state sanctioned misogyny.

7:57 PM  
Blogger Mr. Twister said...

A vote for Alito is a vote for strip searching 10 year old girls.

Booyah.

9:03 PM  

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