01 November 2005

CASEY as the Bat

Having finally tracked down and read Judge Alito's 3rd Circuit dissent in Planned Parenthood v Casey, I certainly hope that over the next several weeks pro-choice voters in Maine (Snowe, Collins) Rhode Island (Chafee) Ohio (Voinovich, DeWine) and the other haunts of "moderate" Republicans are made aware of the fact that Bush's nominee believes husbands have a vested property right in their wives' uteruses.

I will say right upfront that I'm not knowledgeable enough about the case law that Scalito cites to say whether his interpretation is merely out there, or way out there. But the fact that Justice O'Connor -- whose various balancing tests Scalito relies heavily upon in his dissent -- basically slapped him down cold ("Section 3209's husband notification provision constitutes an undue burden, and is therefore invalid." full stop) suggests she at least thought he was full of it.

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