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October 31, 2005

Pro-Choice Americans Oppose Alito

NARAL Pro-Choice America has formally announced its opposition to the nomination of Samuel Alito, Jr. to replace Justice Sandra Day O’Connor.

Some troubling info on Alito:

Alito took pains to distant himself from the longstanding constitutional requirement that abortion restrictions must have exceptions when a woman's health is in jeopardy. He did so when ruling on a law that effectively banned abortion as early as the 12th week of pregnancy and lacked an exception to protect women’s health. The health exception is a fundamental tenet of Roe v. Wade, and the Supreme Court is scheduled to hear arguments about the need for the health exception this fall. Should Alito’s vote replace that of Sandra Day O’Connor, a fundamental right will likely be lost by next summer.
 
Alito has argued that significant restrictions on a woman's right to choose are constitutional. In Planned Parenthood of Southeastern Pennsylvania v. Casey, Alito argued that all of the proposed law’s restrictions on a woman's right to choose – including a spousal notification provision struck down by the Third Circuit and, later, the Supreme Court – were constitutional. Alito dissented in part because he would have gone even further than the rest of the court.
 
Alito would uphold state laws that place significant roadblocks in the way of women seeking abortion care. Alito concurred with the majority’s opinion in Casey that concluded that “time delay, higher cost, reduced availability, and forcing the woman to receive information she has not sought,” although admittedly “potential burdens,” could not “be characterized as an undue burden.” This opinion practically ensures that he would never find any burden to be undue.

Terrifying.


Posted by Jessica at October 31, 2005 12:55 PM

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