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I post to this to nip in the bud any negative commentray sent Alito's way vis a vis Partial Birth Abortion. In Planned Parenthood of Central New Jersey v Farmer Alito concurred with the finding of the court that because Stenberg v Carhart was precedential he had no choice to but to declare New Jersey's ban on the murder of later term unborn babies unconstitutional. Now, I put it like that not to cast aspersions on Judge Alito but to cast aspersions on a SCOTUS that reads that killing into the constitution.

We can not expect appellate judges to become activist and then call for non activist courts. I actually feel sorry for the man, being put in a position where he has to affirm the some nefarious constitutional right of women to tear their near full term babies limb from limb.

1,640 posted on 10/31/2005 2:03:02 PM EST by jwalsh07

FYI, regarding the decision on PBA, as posted by jwalsh.