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Tuesday, November 01, 2005

Alito will give the fight we wanted to see

Bush has nominated Alito for the Supreme Court. Unlike Miers he has the distinction of being eminently qualified for the job and the nomination won't face the dismal prospect of being rejected by everybody and their dog. But it looks like it's going to be a stand up bitchfight, the looney tunes are coming out of the woodwork to proclaim that abortion is about to be made illegal. Just for kicks someone actually trawled through Daily Kos to find the choicest reactions from the salivatingmoronsphere, top two here for your edification

Number 2 - thewin: This is the last chance the democratic party has…at least in my eyes for myself. I hate these neocon republicans, but if democrats let this vote pass, they are worse than the republicans.

They let the headlines “Abortion Illegal” and “Corporations not Liable for actions” be able to come true for the next 30 or so years. This will set america back in progression more than anything ever.

The republicans have the Executive and Legislative branch and I’ll be god d***ed if I’ll support a party that lets them pack our last solution for rational thought and reason in this country.

I don’t give a rats a** if the republicans use the nuclear option, what’s the point of having the Fillibuster if you aren’t going to use it. At least go down fighting for the values of america against these nationalists.

And now, Number 1 - DisNoir36: It’s pretty sad that Bush has to cater so much to his base, the christian taliban.
The usual bollocks about a judge who supposedly may overturn Roe vs Wade. The dingleberries never stop to mention that even if it were overturned, abortion as it is now in America would not be illegal. It would merely devolve to state level to determine the actual law. Funnily enough the Supreme Court rules on constitutional matters and everything that isn't covered in the Constitution, like abortion, should be decided at state level. There wouldn't be a whole lot of state legislatures, if any, who could criminalise abortion even if the wanted to. If they'd managed to get an amendment to the constitution passed then this wouldn't even be an issue.

But for Alito the actual hissy-fit throwing seems to be caused by his supposedly endorsing spousal consent for abortions, wherein a wife must gain consent from her husband. Naturally, as may be guessed, Alito has never held that position. He has previously dissented in a case (Planned Parenthood v. Casey), holding that a law requiring notification being given to the husband, not consent being gained, is not burdensome under the provisions
(1) he is not the father of the child,
(2) he cannot be found after diligent effort,
(3) the pregnancy is the result of a spousal sexual assault that has been reported to the authorities, or
(4) she has reason to believe that notification is likely to result in the infliction of bodily injury upon her.
He came to the decision after investigating Sandra Day O'Connors previous restriction decisions. Whether the law itself is good or not was not up to them to decide, they determine only if it is constitutional. In fact he has never called for Roe vs Wade to be overturned anyway.

But when a President nominates a judge who is well qualified, gives due respect to the Constitution and doesn't feel it is the Supreme Court's role to "activist", what can the other side do but attempt to smear him? Shaping up to be a good bunfight, expect gnashing of teeth and wailing, threats of the all-powerful filibuster which apparently only requires someone to whisper the word to strike fear into the heart of a President, tedious Ted Kennedy bloviating followed by his eventual confirmation.

Posted by Chefen | 11/01/2005 08:29:00 AM

2 Comments:

Blogger Antarctic Lemur said...

I'm always surprised when I see Americans debating abortion at the Federal level. Surely its a State matter, and hadn't quite a few states allowed abortion by the early 1970's?

11/01/2005 09:27:00 AM  
Blogger Chris said...

Nice to see him nominating someone who is actually qualified for a job.

Abortion is a nasty thing. I would like to say that I think it should be illegal, but i'm not that righteous on it.

11/01/2005 01:51:00 PM  

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