Mother Knows Best
nebraskalawprof at yahoo.com
Tue Nov 1 08:32:15 PST 2005
Of course Mark is right that being raised pro-life doesn't guarantee that one will vote to reverse Roe.
And that is exactly what Judge Alito will say when asked his views on Roe. He will say it is "settled law" (which, of course, for the present it is) and he will refuse to speculate about how he would vote in a future case in which the Court has been asked to reconsider Roe. He will explain that his judicial votes on abortion were merely attempts to follow the Supreme Court's somewhat murky guidelines (trimesters and bimesters and schmisters) on the boundaries of the abortion liberty. And he will say no more.
Mark Tushnet <tushnet at law.georgetown.edu> wrote:
So, Rick Duncan's post finally leads me to "out" myself. I'm
"against abortion" too. I think that it's an unfortunate event when a
woman decides to have an abortion, and that in a well-ordered
society abortions would be rare (but that, in a well-ordered
society, when abortions occurred they would be safe and legal).
Believing that should have, and in my case does have, no
implications whatever for one's view about whether the
Constitution protects the right to choose in this context. And I
think it's too bad that, in our current discourse, the automatic
inference drawn from the assertion that a person is "against
abortion" is that the person is anti-choice (sorry, Eugene, but
that's the only sensible way to phrase the point here -- the
inference [mistakenly drawn if the thought is that the inference is a
necessary one] is not only that such a person would not invalidate
state laws restricting the avaiability of abortions, but believes that
such laws are a good thing -- although it does not follow that this
person acting as a judge would find that the Constitution requires
states to adopt restrictive abortion laws).
----- Original Message -----
From: Mark Graber
Date: Tuesday, November 1, 2005 10:31 am
Subject: Re: Mother Knows Best
> Well, my 90 year old passionate New dealer aunt will say very
> things about me and the way I was raised, but I suspect she
> certain senators a thing or two that would not be helpful to my
> >>> Rick Duncan 11/01/05 9:
55 AM >>>
> In the National Paper of Record (Lincoln (NE) Journal Star) this
> morning, there is a wonderful bit of information about Justice
> Alito. It
> seems some reporters asked his proud mother about him, and
> whatMom said:
> "'Of course he's against abortion,' his 90-year-old mother,
> reporters at her home in Hamilton, N.J."
> This is cute.
> Raise a child right and he will grow up right!
> I wonder if the Dems will want to call Rose Alito as a witness in
> boy's confirmation hearings to demonstrate that he is an
> activist well beyond the mainstream of constitutional
> Cheers, Rick Duncan
> Rick Duncan
> Welpton Professor of Law
> University of Nebraska College of Law
> Lincoln, NE 68583-0902
> "When the Round Table is broken every man must follow either
> Galahad or
> Mordred: middle things are gone." C.S.Lewis, Grand Miracle
> "I will not be pushed, filed, stamped, indexed, briefed, debriefed,
> numbered." --The Prisoner
> Yahoo! FareChase - Search multiple travel sites in one click.
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Welpton Professor of Law
University of Nebraska College of Law
Lincoln, NE 68583-0902
"When the Round Table is broken every man must follow either Galahad or Mordred: middle things are gone." C.S.Lewis, Grand Miracle
"I will not be pushed, filed, stamped, indexed, briefed, debriefed, or numbered." --The Prisoner
Yahoo! FareChase - Search multiple travel sites in one click.
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