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Bush Nominates Alito for Supreme Court - Abortion Rulings on Record

By John-Henry Westen

WASHINGTON, October 31, 2005 (LifeSiteNews.com) - This morning US President George W. Bush nominated Samuel A. Alito as Supreme Court Justice.  The announcement was well received by conservative groups as well as pro-life and pro-family groups.

Alito, 55, is known to pro-lifers for his dissent in the 1991 case Planned Parenthood v. Casey.  The case involved a Pennsylvania law that required women to inform their husbands prior to getting an abortion.  While the 3rd circuit court struck down the law, Alito argued that problems leading a woman to abortion may be resolved by discussion with her husband, and thus dissented from the ruling.
See the ruling here: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=505&invol=...

Life Issues Institute points out, however, that Judge Alito voted to strike down a Partial-Birth Abortion ban, citing that it is the "responsibility" of judges "to follow and apply controlling Supreme Court precedent." As an appellate judge, Life Issues explains, he was powerless to overturn a Supreme Court decision, and demonstrated judicial restraint. "There is little doubt, however, that as a Supreme Court justice, he would vote to stop this grisly abortion procedure."  Life Issues concludes, "Judge Alito is a nominee the entire pro-life movement can, without hesitation, get behind."

Another Alito ruling of interest to conservative groups is the ACLU v Schundler case in 1999.  In that case Alito ruled with the 3rd circuit majority that the Establishment Clause of the constitution was not violated by a crèche and a menorah and other Christmas displays at a city hall.  See that ruling here: http://www.ca3.uscourts.gov/opinarch/985021.txt

Alito received a bachelor's degree from Princeton in 1972 and a law degree from Yale in 1975. Alito served from 1981-1985 as assistant solicitor general in the Reagan Justice Department where he argued at least 12 cases before the Supreme Court. He was deputy assistant U.S. attorney general in the U.S. Department of Justice from 1985-1987 and U.S. Attorney for New Jersey under President George H.W. Bush from 1987-1990. The senior President Bush nominated Alito in 1990 to the Third Circuit, which includes New Jersey, Delaware and Pennsylvania. The Senate confirmed him by unanimous consent on April 27, 1990.

"Judge Alito has always been one of our top choices for the Supreme Court," said Jan LaRue, Concerned Women for America's chief counsel. "He has all of the qualifications needed: intellect, knowledge and experience in constitutional law, integrity, competence, humility and judicial temperament."

 "Since about half of the current members of the Democratic caucus confirmed Alito in 1990, he should sail through to confirmation by an overwhelming majority. Judge Alito will help swing the Court back to the Constitution and restore the only balance that matters," LaRue concluded.

jhw

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