Monday, November 14, 2005

I Knew It!

Finally, we have some proof that Alito is pro-life. The Washington Times digs up an old job application from 1985, where Alito wrote that, "the Constitution does not protect the right to an abortion."

This could be parsed a number of ways. It could be claimed that Alito does not believe the Constitution explicitly protects abortion. That will not fly because Roe is not based on an explicit right to abortion, but rather to a right to privacy and the penumbra of rights not enumerated in the Constitution or Bill of Rights. Perhaps it could also be claimed, as I have seen already, that this was prior to Casey and therefore Alito may not tear down Roe. This, too, ought not to fly. Other anti-abortion folks see no reason to let legal precedents interfere with their mission. And Alito, who says he "believes strongly" in that position is no different.


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