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Alito, the judge who makes stuff up.

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More Than A Feeling Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 09:45 AM
Original message
Alito, the judge who makes stuff up.
Edited on Mon Oct-31-05 09:48 AM by Heaven and Earth
"The Pennsylvania legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands' knowledge because of perceived problems--such as economic constraints, future plans, or the husbands' previously expressed opposition--that may be obviated by discussion prior to the abortion." 947 F. 2d, at 726 (Alito, J., concurring in part and dissenting in part).

"Could have rationally believed"? Sounds like a man desperately searching for any reason to uphold that law. How the hell does he know?
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elehhhhna Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 09:58 AM
Response to Original message
1. Who's he s'posed to replace? O'Connor? Or Dr. friggin Phil?
tell me again. I'm confused.
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 10:01 AM
Response to Original message
2. Um....poor sluts aren't the only ones getting abortions
Why do you think SOME people have amniocentesus done?

DO you really think it is only to make sure of the health and safety of the child and mother??? You don't really believe that do you?

Same goes for this. The leading cause of death of pregnant women is.......murder. About 1,000 a year-that's 3 a day. WHo does such a thing? fathers of the children, wives of the fathers, girlfriends of the father, weird jealousy, etc.

There are a lot of things going on in all those lives. Don't assume that the pregnancy thing is all showers and registry for everyone.

Having just been pregnant (baby is 3 months old this weekend) my eyes have been opened to all kinds of issues that I previously had no idea about-the amnio one most recently ...from friends.
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Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 10:04 AM
Response to Reply #2
4. Clarification?
Why do you think SOME people have amniocentesus done?

DO you really think it is only to make sure of the health and safety of the child and mother??? You don't really believe that do you?


Huh?
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havocmom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 10:16 AM
Response to Reply #4
5. There are many things which can go wrong with embryo, some very sever
and untreatable. Some of those conditions tend to be more pronounced in some families. People with certain genetic problems and tendencies carried in their DNA might well want to condider NOT bringing a pregnancy to term after some tests for likely conditions are done.

To bring some children into the world is also handing them a life sentence to institutions under care from people who might not all be the kindest you have ever met. I have worked in one of the best such places, and believe me, it is NOT the sort of life sentence I would hand down to a child.

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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 10:26 AM
Response to Reply #4
6. I have recently become aware
that these are not ALWAYS done for the welfare of mother and fetus alone. Get it? Some soccer mom types use them to decide whether or not they want the child. This was part of a very frank discussion that my wife and I were witness to. Several parties involved, we had no idea.

We are older first time parents but we decided that the risk of doing an amnio wasn't worth it and that we were going full term no matter what. We are very lucky to have an incredibly healthy (knock on wood) baby (APGAR sores of 9 and 10) as well as very alert, bright, and aware child.

On several occasions around some acquaintances we made such comments that we thought were understood. The silence at the time I thought was because we were stating the obvious...apparenly not. We have since been let in on a not to tightly held secret (not that anyone mentions it TOO much) and that is that for certain* people "Choice" means a lot of things.

* not necessarily all THAT wealthy.

If you think the Repubs really want to get rid of the ISSUE of abortion you are missing the point (they don't want to but W is now forced to put up an actual anti-Roe judge not Meirs) and there are LOTS of people who really only want certain people to not have that option. If Roe is overturned I would expect that the language contains something about Federal government subsidized abortions and the spin on it will be that that is the only jurisdiction the SC has. What it really means is that supposedly non Fed subsidized abortions (not that there really is any such thing) will continue for everyone who still wants them.
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Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 10:52 AM
Response to Reply #6
7. Just asking for clarification--I wasn't attacking.
I'm sensing defensiveness, so I apologize if I've hit a sore spot for you.

I hadn't previously heard the issue put forth as you've described it. I'm aware, for example, that in some countries where sonograms have recently become available, there is a small but ugly trend toward abortion of female fetuses on the grounds that they're not as useful or valid or whatever as male fetuses.

I'm aware also, for example, that amniocentesis is performed to assess the genetic health of a fetus, and that the "welfare" of the fetus or mother is really a different matter entirely. I wasn't quite sure how to parse your use of the term "welfare" in this context, so I asked for clarification. Get it?

Beyond all that, and beyond the issue of whether Republicans really want to overturn Roe, I think it's clear that wealthy women will always have access to safe abortions. It's the less wealthy women who will get screwed.

Again.

But thanks for the clarification.
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 10:55 AM
Response to Reply #7
8. Not defensive
Sorry if it came out that way.

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Orrex Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 10:59 AM
Response to Reply #8
9. No sweat. What's your sig-graphic, by the way?
I know what it looks like, but I wanted to be sure.
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 11:00 AM
Response to Reply #9
10. Flying shit
yes it is flying shit
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Yavin4 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 11:04 AM
Response to Reply #2
11. You Have Touched On The Heart Of Why I'm Pro-Choice
Don't assume that the pregnancy thing is all showers and registry for everyone.

There's no way that a legislature can be in the lives of every pregnant woman and know that carrying the baby to term is the right decision. There are numerous examples of women who need to have an abortion because of the situation that they are in. It's arrogance and ignorance to believe that carrying a baby to term is right for EVERY situation and cirsumstance.
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underpants Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 12:40 PM
Response to Reply #11
14. Feakonomics
I have actually read it-they tried to use part of this book in defending Bill Bennett but surprise surprise they left out 90% of it which is the part that doesn't agreed with them. In the book the writers state that left with the decession by themselves people (women) do a very good job of assessing the situation and making good choices with regard to the situation into which a child will be born. They clearly state this twice.
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zann725 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 10:02 AM
Response to Original message
3. From PA? Sounds like a "friend" of Santorum.
Alito referred to by Shrub as knowing "the proper role of judges"...when what he should've said was "the proper role of WOMEN" in Amerika.

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Naysayer Donating Member (10 posts) Send PM | Profile | Ignore Mon Oct-31-05 11:24 AM
Response to Original message
12. Alito is applying the rational basis test,
a very common standard of constitutional interpretation. He is, in fact, seeing if there is any reason to uphold the law. As an appellate judge, it is his job to do so. If he applied your standard, whatever that may be, he would not be doing his job.
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guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 11:41 AM
Response to Reply #12
13. In other words, he's rationalizing.
As expected! heheh!

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newyawker99 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 05:14 PM
Response to Reply #12
15. Hi Naysayer!!
Welcome to DU!! :toast:
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