Media Setting Up to Blame Alito & Roberts

21 02 2006


This could be very good news.

The Supreme Court said Tuesday it will consider the constitutionality of banning a type of late-term abortion. The Bush administration has pressed the high court to reinstate the federal law, passed in 2003 but never put in effect because it was struck down by judges in California, Nebraska and New York.

The outcome will likely rest with the two men that President Bush has recently installed on the court. Justices had been split 5-4 in 2000 in striking down a state law, barring what critics call partial birth abortion because it lacked an exception to protect the health of the mother.

In this piece yesterday from The NY Times, Alito is replacing O’Conner’s vote in which O’Conner voted in support of abortion to break the 4-4 tie. Alito is expected to break a tie, but in favor of life this time.

After the court’s announcement this morning, groups on both sides of the abortion debate tried to attach some significance to the decision to accept the case. In fact, it would have been highly unusual for the court to turn down the appeal. A lower court’s invalidation of a federal statute has an almost automatic claim on the justices’ attention, even those justices who may view the decision as correct or those who may not necessarily agree in this instance with the Bush administration’s description of the case as “extraordinarily important” and requiring immediate review.

This case will be undoubtetly a national issue in the fall when the high court re-visits it. It will also thrust Alito and Roberts to the forefront of the case as well.

Liberals have already claimed that they will be watching Alito. They are clear to convey that if Alito votes as they expect him to, he will be branded a right-wing extemist who has just lost all sense.

I can see this coming already. Alito and Roberts both passed a rigorous (tortuous!) Congressional test to be confirmed to the Supreme Court. They do not need to pass a NY Times test or any other liberal test before they can begin interpreting law. This is because they will not be creating law. If a rookie justice was going to be legislating from the bench, as most liberal judges are, then yes, a test would be necessary.

Alas, there will only be Constutitional interpreting.

And abortion is not constitutional whatsoever. The worst that will happen for liberals, is that eventually Roe v. Wade will be overturned, as it should, and it decisions to keep abortion legal will return to each state.

Linked with: Argghhh!, Don Surber, Freedom Watch




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