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November 01, 2005

Alito Is Not An Extremist, Activist Judge!

Of course Alito is not an extremist, activist judge, but only if you ignore...

His position against the Family Leave Act.

His position that anti-gay hate speech is okay in schools.

His position against the upholding of the legality of a ban on the sale or ownership of machine guns manufactured after 1986.

His position favoring that married women be required to inform their husbands if they wish to get an abortion. As Roxanne asked, would he favor married husbands be required to inform their wives if they intend to get vasectomies? Probably not. Violations of the Constitution are okay only if they affect women and not men. You may read Planned Parenthood of Southeastern PA v. Casey here.

His position favoring race discrimination, in particular his dissenting opinion in a decision in favor of a Marriott Hotel manager who said she had been discriminated agianst based on her race.

His position that it's okay to fire AIDS victims because of "fear of contagion whether reasonable or not."

His position on the following matters, as reported by People For The American Way. [Acrobat file.]

* Alito believes that laws restricting intact dilation and extraction procedures (so-called "partial birth" abortion) are not Constitutionally vague, even when they do not provide exemptions for the life and health of the mother.

* Alito wants to see fetuses treated by the law as "Constitutional persons".

* Alito, in a dissenting opinion, favored violating privacy in Doe v. Groody, in which police strip-searched a woman and her ten-year old daughter. In his dissenting opinion (the court found in favor of the Does), he argued that "the warrant could be read to authorize a search on anyone on the premises and that 'even if the warrant did not contain such authorization, a reasonable police officer could certainly have read the warrant as doing so, and therefore the appellants are entitled to qualified immunity.'"

There are many more cases cited at the People For The American Way site, including cases of age, disability, racial, and religious discrimination. Go there to read the rest.

Posted on November 1, 2005 at 11:06 AM | Permalink


Typo? Scalito dissented in the ban on machine guns decision. He's against the ban, saying the commerce clause does not give Congress the power to do this.

Posted by: media girl at Nov 1, 2005 12:41:25 PM

Thanks for catching that, media girl. He dissented on that ban. I fixed the post.

Posted by: The Countess at Nov 1, 2005 12:53:45 PM

OH and I just pulled this off one of Kos's comments...

>>the irony of the Shrub naming an anti-choice activist judge on the same day the House Rethugs vote to cut child support enforcement funding. While people are actually listening for a change, bring to light their true "right to life" policy --you know, the one that begins at conception and ends at birth...<<

Couldn't get the link, Kos's site was acting up. But here's an article on it...

Posted by: Moi ;) at Nov 1, 2005 1:56:24 PM

Citing Alito's decision on machine gun ownership as you did is slightly misleading. He didn't state that Congress had no power to regulate sale of machineguns. Instead, he attacked the majority's ruling in Lopez grounds, dealing specifically with the issue of interstate commerce. In fact, in his dissent, he said the law would be more constitutionally palatable if Congress had included with the law some finding regarding how the sale of machine guns substantially affects interstate commerce.

I do agree with Alito's position here, but purely on interstate commerce grounds.

Thank you for the set of links, BTW. They're very helpful.


Posted by: pennywit at Nov 2, 2005 9:50:09 AM