Thursday, November 03, 2005

Alito; Farmer and Casey

I was wrong! I take no pleasure in admitting this, but I was wrong.

A few days ago, I said that I would define "extremist" as used by the pro-abortion Left in its attempt to derail the Alito nomination. I was sure, at the time, I would be able to use partial-birth abortion, a procedure the late and great, Sen. Daniel Patrick Moynihan (D, NY; seat now held by Sen. Hillary Clinton) called "infanticide", to help with my definition. I was wrong.

In an amazing decision, Planned Childlessness v. Farmer, Judge Alito sided with Planned Childlessness in striking down a New Jersey law that prevented the grotesque partial-birth procedure because the law did not adequately provide an exclusion clause for the protection of the carrier's ("mother" always seems like a huge stretch when we're talking about killing the baby; to get the title "mother", I think you need to deliver a live baby, no?) health (shouldn't this be life?).

It seems the Left just irresponsibly and willy-nilly uses phrases like "extremist", "radical", and "nut-job" to gin-up its base regardless of the facts.

Speaking of extremism, I love the way the liberal media is playing up Judge Alito's votes in Planned Childlessness v. Casey. (Just a word on Casey before we proceed. Gov. Robert Casey (D, PA) was pro-life. He was unceremoniously not invited to speak at the 1992 Democratic Convention for the sole reason that he was pro-life. Love that Big Tent! Now his son, Robert Casey, Jr. is locked in a tight gubernatorial battle in PA and the Democratic Party cannot do enough for the son; they love to highlight he's the son of the popular former Governor, pro-life scoundrel that he was!) Anyway, in Casey, Alito was upheld by the U.S. Supreme Court on four restrictions that Casey placed on women seeking to murder their fetus. Alito also voted that the fifth restriction, that a wife notify her husband prior to murdering her fetus, also did not place an "undue burden" on the carrier (see definition above). The U.S. Supreme Court ruled against spousal notification (the father is just there for financial support at the carrier's determination, I guess). The liberal media is writing that Alito voted for spousal "consent". It's simply not true, but why report the truth to your readership when you may not be able to convince them how they should think if you report the facts? The liberal media is also misrepresenting that Alito "supported spousal approval" which we know cannot be true because Judges don't write legislation as we'll discuss below.

In Farmer and Casey Judge Alito expressed no opinion as to the underlying laws or legislation passed. His role is to interpret the law as written by the people and to determine if the law is constitutional. The people of New Jersey elected representatives, state senators and a Governor that signed legislation making it a crime to abort a partially born fetus. The people of New Jersey wanted the law and enacted it. In Farmer, Judge Alito reasoned the law was not constitutional based on U.S. Supreme Court precedent. In Casey, the people of Pennsylvania elected representatives, state senators and a Governor that thought notifying the husband should be law. Judge Alito did not write the law and based on his opinion he cannot be said to "support" the law. What he said was that the law was constitutional: the people of Pennsylvania crafted a law that did not violate anyone's constitutional rights. The U.S. Supreme Court, still dominated by liberal activists when talking about terminating an unborn life, saw it differently.

To summarize today's lesson: 1. I can be wrong; today was the first recognition (if I go back and review an earlier post, I'm sure I'll find where I botched a graphic description of partial-birth abortion). 2. Alito sided with Planned Childlessness and precedent over ending partial birth abortion in New Jersey. 3. Alito does not support spousal notification no matter what the liberal media says; if a law is passed requiring spousal notification, Alito sides with the people; he can find nothing in the Constitution to prevent the people from enacting such a law. 4. Gov. Bob Casey was a principled, great man; national Democrats are disgracefully using his memory (Moynihan, Wellstone, now Casey, are Joe Lieberman (CT) and Russ Feingold (WI) the only living, principled, national Democrats? I'll entertain serious nominations.).

Coming soon, my thoughts on how A can't give money to D but B has an idea on how A can give money to C and then C pass it on to D and the only one to have allegedly committed a crime is B?

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