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Bush: Judge Samuel Alito is new choice for Supreme Court nominee
Fox News ^

Posted on 10/31/2005 3:12:28 AM PST by kcvl

Per Fox News...


TOPICS: Breaking News; News/Current Events; US: New Jersey
KEYWORDS: alito; antoninscalia; billofrights; bush; catholic; civilrights; constitution; courts; judge; judges; judicialrestraint; justice; miers; newjersey; originalintent; presidentbush; rights; scalito; scotus; supremecourt; uusconstitution; whiningdems
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To: hipaatwo

Rumor has it that Casey will run on a pro-life stance with a wink wink from Schummer .. but that if elected .. he will voted pro- choice


881 posted on 10/31/2005 5:44:01 AM PST by Mo1
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To: All

Cornyn: PFAW has issued a fatwa against Alito...

lol


882 posted on 10/31/2005 5:44:13 AM PST by RWR8189 (George Allen 2008)
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To: Cboldt
This is absolutely correct. The so-called "controversial" section of the Act struck down in Casey is about husband notification, not husband consent (although husband consent is a perfectly valid idea).

There was an exception when the husband was not the father (although there is always the legal presumption that the husband is the father of any pregnancy in a marriage) or if the pregnancy was the result of a marital rape that had been reported to the authorities.

This Dem talking point (what if she was raped, what if the husband was not the father) is already out there so we need to have facts on our side.

copied from Rehnquist's dissent in Casey: (I don't know how to create clickthrough links here but the url is http://www.abortionfacts.com/court_cases/casey/rehnquist_2.asp on the Heritage House Abortion Facts site)

Section 3209 of the Act contains the spousal notification provision. It requires that, before a physician may perform an abortion on a married woman, the woman must sign a statement indicating that she has notified her husband of her planned abortion. A woman is not required to notify her husband if (1) her husband is not the father, (2) her husband, after diligent effort, cannot be located, (3) the pregnancy is the result of a spousal sexual assault that has been reported to the authorities, or (4) the woman has reason to believe that notifying her husband is likely to result in the infliction of bodily injury upon her by him or by another individual. In addition, a woman is exempted from the notification requirement in the case of a medical emergency. 18 Pa.Cons.Stat. § 3209 (1990)
883 posted on 10/31/2005 5:44:22 AM PST by romans828
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To: GraniteStateConservative

Miers was hit by a pitch - from her own team. Alito is the pinch batter who is leading the league in RBI's.


884 posted on 10/31/2005 5:44:28 AM PST by epluribus_2
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To: Miss Marple

Kristol just stated on Fox News he was very happy with this pick.


885 posted on 10/31/2005 5:44:50 AM PST by GarySpFc (Sneakypete, De Oppresso Liber)
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To: LS
People for the American Way has issued a fatwa against Judge Alito....

BWHAHAHAHAHA!!!! snort..BWHAHAHAHAHA!!!

886 posted on 10/31/2005 5:45:02 AM PST by small voice in the wilderness (u)
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To: epluribus_2
Miers was hit by a pitch

More like she was hit by a tactical nuke from friendly fire.

887 posted on 10/31/2005 5:45:09 AM PST by kjam22
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To: livius

I predicted after Miers withdrew that it would be forever impossible to nominate AG because of the issues of "Executive Privilege" which was the rationale given for Miers' withdrawal.


888 posted on 10/31/2005 5:45:18 AM PST by LS
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To: epluribus_2
And the Dems don't have that dominant closer to get him out.
889 posted on 10/31/2005 5:45:21 AM PST by mainepatsfan
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To: RWR8189

LOL. I just heard Cornyn's fatwa comment as well.

Here is the fatwa wording:

http://bench.nationalreview.com/archives/081317.asp


890 posted on 10/31/2005 5:45:26 AM PST by frankjr
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To: kcvl
EXCELLENT CHOICE!

Here's a quote from the article just posted in the on-line edition of "The Washington Post". It's an excellent example of using judicial restraint within the context of existing law. I think this is the proper type of legal logic I've been arguing for.

****
Citing previous opinions of O'Connor, Alito wrote that an abortion regulation is unconstitutional only if it imposes an undue burden on a woman's access to the procedure. The spousal notification provision, he wrote, does not constitute such a burden and must therefore only meet the requirement that it be rationally related to some legitimate government purpose.

"Even assuming that the rational relationship test is more demanding in the present context than in most equal protection cases, that test is satisfied here," he wrote.
****
891 posted on 10/31/2005 5:46:11 AM PST by j831526 (a Goldwater conservative)
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To: Mo1

Rumor has it that Casey will run on a pro-life stance with a wink wink from Schummer .. but that if elected .. he will voted pro- choice


I heard that. I HATED his father. My best friend knew him personally. She was a dem then and said he was a rotten, backstabbing S.O.B.


892 posted on 10/31/2005 5:46:12 AM PST by hipaatwo (Joe Wilson is a "blowhard piece of crap"....Mark Levin (The Great One))
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To: Bahbah
Scooter Libby - Scooby Lewis...

At least they got the syllables correct.

893 posted on 10/31/2005 5:46:19 AM PST by Recovering Hermit
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To: Cboldt

As if we like Ginsberg. Sheesh. It's about time the GOP learns to oppose judicial nominees who indicate a willingness to legislate from the
bench. The fact that the GOP didn't do that with Ginsberg is a black eye for the GOP.

######

Sorry, I missed all the objections to HM that she would legislate from the bench.


894 posted on 10/31/2005 5:46:27 AM PST by maica (We are fighting the War for the Free World --Frank Gaffney)
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To: frankjr

He probably had that written a month ago. Probably has one for several of the possible nominees.


895 posted on 10/31/2005 5:46:39 AM PST by kjam22
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To: romans828

Yes, thanks for the explanation on "consent" versus "notification" in respect to husbands and abortion.
Good work.


896 posted on 10/31/2005 5:46:54 AM PST by shrinkermd
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To: beyond the sea

That is indeed a conservative outcome. Sounds like whomever wrote that piece was trying to label conservatives as fascists.


897 posted on 10/31/2005 5:47:05 AM PST by Romish_Papist (Catapultam habeo. Nisi pecuniam omnem mihi dabis, ad caput tuum saxum immane mittam.)
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To: JRochelle

>>You catholics can have the supreme court, as long as we get to keep the presidency. :)<<

This is the best! I agree fully.

Evangelical in the Executive Branch and Catholics ruling the Supreme Court, WooHoo!


898 posted on 10/31/2005 5:47:19 AM PST by netmilsmom (God blessed me with a wonderful husband.)
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To: JRochelle

Part of a rope-a-dope on W's part?


899 posted on 10/31/2005 5:47:22 AM PST by mathluv
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To: kcvl
Excellent choice! I am pleased and look forward to the hearings...Popcorn time! :)

It's going to be fun to watch Schumer and Biden and the rest of those leftist clowns make fools of themselves yet again.

900 posted on 10/31/2005 5:47:33 AM PST by blinachka (Vechnaya Pamyat Daddy... xoxo)
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