Monday, October 31, 2005

Scalito


Bush says that Sam Alito “understands that judges are to interpret the laws, not to impose their preferences or priorities on the people.” No, evidently that the job of legislatures: in Planned Parenthood v. Casey, Alito supported mandatory notification of husbands (with a one-year prison term if the wife falsely certified having done so) before an abortion because “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.” The US Supreme Court, by the way, only struck that provision down by 5-4.

More to come, but his willingness to trample a woman’s right to privacy in that way tells me as much as I need to know.

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