I recently got an email from the
ACLU about Supreme Court Justice nominee Alito. It had one of the clearest summaries I've heard about the things he's done to cause concern for Democrats. Here's a snippet:
[L]ater this month... the Supreme Court could revoke the long-established principle that abortion restrictions must include exceptions to protect a woman's health...
[I]n Planned Parenthood v. Casey, Judge Alito voted to uphold a state law provision that required women to notify their husbands before having an abortion. Justice O'Connor joined with a majority of the court in rejecting his position. In addition, Judge Alito has been more willing to support state-sponsored religious displays than Justice O'Connor. And he has written several dissenting opinions on the Third Circuit Court of Appeals that, if accepted, would have not only made it more difficult for victims of discrimination to prevail in bringing a suit, but would have made it more difficult for them to even get their case to a jury.
Other troubling positions in Judge Alito's record includes:
- Upholding the strip search of a mother and her ten-year old daughter, even though the warrant allowing the search did not name either of them.
- Holding that Congress does not have the power under the Commerce Clause to restrict the transfer and possession of machine guns at gun shows.
- Holding that Congress did not have authority to require state employers to comply with the Family and Medical Leave Act.
Shortly after getting the email I heard a story on NPR about how Alito isn't as conservative as he's portrayed to be. This theory wasn't based on a comparison to Justice O'Connor, but on the percentage of Americans who agree with his views. The example I remember was one of those cited by ACLU above: requiring women to notify their husbands before having an abortion. Apparently ~74% of Americans agree with this. I wonder if these Americans believe it is morally right for women to tell their husbands or if they really think it should be the law.
Regardless of popular opinion, I think this is a terrible law. It's clear to me that the Republicans are taking the tact of undermining access to abortion in every possible way, rather than going straight for overturning Roe (since they currently can't). Whether it is making women notify their husbands, prohibiting the transportation of minors across state lines for abortions, forcing waiting periods, or giving person status to unborn fetuses, they are leaving no angle untried.