The Feld-Blog

Contrary to popular belief, it seems, the Supreme Court does decide cases dealing with issues other than abortion. A nominee should have qualifications other than just partisan opinions. The media and members of congress have tried to pigeonhole both Miers and Roberts on their abortion opinions when little was known about them. For Judge Samuel Anthony Alito Jr., however, we actually do know his opinion on current abortion law. It’s in black and white in his 1992 dissenting opinion in Casey vs. Planned Parenthood. He wrote harshly against current abortion law, not in personal opinion or partisan politics as with Miers or Roberts, but actually as a judge presiding over these cases.

Here’s a little background information for those of you who aren’t up to speed on supreme court constitutional doctrine. In 1976, Justice Henry Blackmun wrote the majority opinion in the case of Roe vs. Wade. In trying to outline a compromise to both sides of the issue, he set up a trimester system that really only angered both sides. Most people think of current abortion law in these terms. They are wrong. In 1992 the Supreme Court heard another case called Casey vs. Planned Parenthood.. Although this case upheld the fundamental right to an abortion in certain cases (many cases), it fundamentally changed the structure of Roe vs. Wade. It added new restrictions and dismantled the existing trimester system in favor a a much more convoluted set of critical points and criteria. The main point is that Casey vs. Planned Parenthood holds precedent at the Supreme Court bar today.

In order for a case to reach the Supreme Court it has to rise through the ranks of inferior courts. Guess who sat in judgment over this case before it reached the Supreme Court: Samuel Anthony Alito himself. He saw the exact same facts that the Supreme Court saw and ruled on exactly the same situation, but he ruled against preserving the right to abortion. Later that year the Supreme Court itself definitively struck down his opinion. He dissented as a justice for the 3rd circuit court of appeals, but put him on the bench instead of O’Connor and he might be in the majority.

While it is true that Alito has ruled in favor of pro-choice parties three times since 1992, they have largely been on technicalities and after he was forced to accept the Supreme Court decision as precedent.

I was right to worry about who Bush would appoint next if Miers failed. Miers may not have had the experience, but she was centrist at least. Alito will be a staunch right wing roadblock. We know this from his long list of opinions. We know this because he decided some of the same cases that rose to the Supreme Court. Conservative Judicial Activism, thy name is Samuel Anthony Alito. Filibuster!