Wednesday, November 02, 2005

CSMonitor: Alito mostly pro-choice?

Christian Science Monitor reports on Alito--first he's for privacy rights, now he's for abortion?: "The best evidence of his work as a judge are his published opinions. They contain a few surprises and some ammunition - for both the left and the right.

For example, of the four abortion cases in which he participated as an appeals court judge, he voted on the pro-choice side in all but one. A 1995 Alito vote striking down a Pennsylvania abortion restriction in particular is raising eyebrows among some legal scholars.

'That [1995 case] strongly seems to indicate that Alito is not a policy-driven true-believer who's used every possible opportunity to advance one side's preferred outcome, but instead a judge who has indeed come down on both sides, in different cases,' says David Garrow, a constitutional historian and expert in reproductive rights cases at the high court."


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