Question about Alito's voting
Sean Wilson
whoooo26505 at yahoo.com
Mon Oct 31 08:03:42 PST 2005
Let me try to understand this. If Alito is like Scalia, it means that substantive due process used for liberal social policy (sodomy, abortion, etc.) is out the window as far as how Alito will vote. It also means that death penalty cases may go back to the right. But it also means that liberal social policy that is reasonably supported by the text of the Constitution -- such as flag burning and symbolic speech; limiting the federal sentencing guidelines because of the jury clause -- remains in tact? And it also means that conservative social policy that is dependent upon the substantive due process clause -- limiting punitive damage awards -- is also out the window (meaning liberal social policy is encouraged here)? In fact, tort reform in general would be a matter for states?
Is that a fair read on what Alito might be like as a voter? Two parts textualist, one part formalist?
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