Tuesday, November 07, 2006

Why Elections Matter

All eyes are on Alito in abortion case
First clues on how he will treat Roe vs. Wade may come tomorrow
By Robert Schwaneberg Newark Star-Ledger November 7, 2006

Six years ago, Samuel A. Alito Jr. joined two other federal appeals judges in striking down a New Jersey law banning partial-birth abortion. Alito made a point of stating he had no choice: A month earlier, the U.S. Supreme Court had declared a nearly identical Nebraska law unconstitutional by a vote of 5-4.

Tomorrow Alito is scheduled to hear arguments on the constitutionality of a nationwide ban on partial-birth abortion signed by President Bush in 2003. This time, Alito has a choice. It is the first abortion case to come before the U.S. Supreme Court since Alito succeeded Justice Sandra Day O'Connor, who cast the decisive vote against the Nebraska law.

(HT: Corner)