12 Days of Justice - Roe v Wade

So far in the 12 Days of Justice daily series you have learned that:

• Judge Samuel Alito does not respect the primary role of the Legislative branch of our government.
  By Tampopo



• Judge Alito will threaten the fundamental rights and basic legal protections for working Americans of all ages.
  By AP



• Judge Alito has violated the laws and ethical codes that govern the conduct of federal judges and was a member of the radical and discriminatory group CAP.
  By Steven D



• Judge Alito's view of discrimination against persons with disability is so restrictive that "few if any...cases would survive summary judgment."
  By susanhu

Todays diary for Day 5 will be a short and to the point explanation of Judge Alito's views concerning women and abortion rights. It will deal with his radical and demeaning views from the perspective of his positions revealed in certain abortion cases, memos, applications, and discussions of Roe v Wade.

[Updated]: to reflect many edits! Please check the bottom to cross-post easily.

Join me in the back alley to get a clear view of Alito.

In 1985 Alito made crystal clear his position concerning Roe v Wade.

Alito's name does not appear on any briefs the Reagan Solicitor General's office filed in abortion-related cases. However, just a few months before Alito wrote his DOJ application letter touting his contribution to cases in which the government argued that "the Constitution does not protect a right to an abortion," the Solicitor General's office had filed a brief in Thornburgh v. American College of Obstetricians and Gynecologists on that very subject. The brief urged that "this Court should overrule" Roe v. Wade. The Court rejected the Solicitor General's arguments, with only two justices agreeing that Roe should be overturned.

T. R. Goldman at law.com Offers this opinion of the upcoming battle:

If Alito's jurisprudential views match those on the Thornburgh brief -- and at least in 1985, Alito indicated that they do -- then the job application provides the Judiciary Committee with the type of window into a future justice's thinking that, since the failed nomination of Robert Bork, has become almost nonexistent.

This is a nomination demanding to be "Borked" into nonexistence. But this still does not give a clear picture of his views on women's rights. Please consider taking and using any or all parts of the following letter and using it to contact your Senators concerning this nomination. Feel free to adapt and edit this letter, or you can just say how you feel about this in your own words. All we ask is that you take action before it is too late.

What does Samuel Alito think about women and abortion rights?

In Judge Alito's 1992 dissent in Planned Parenthood of Southeastern Pennsylvania v. Casey, Alito argued that a law requiring a woman in certain circumstances to notify her spouse before seeking an abortion did not pose an undue burden on a woman's right to choose. Alito asserted that if parental notification requirements were constitutional, as the Supreme Court had previously held, then spousal notification requirements must be permissible as well. (Planned Parenthood of Southeastern Pennsylvania v. Casey, 947 F.2d 682 (3d Cir. 1991), aff'd in part, rev'd in part, 505 U.S. 833 (1992).)

Alito's colleagues on the Third Circuit and a 5-4 Supreme Court majority disagreed. Writing for that Supreme Court majority, Sandra Day O'Connor firmly rejected Alito's troubling logic:

"A State may not give to a man the kind of dominion over his wife that parents exercise over their children."

(Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992) at 898.)

Sandra Day O'Connor was correct in rejecting Alito's view of women as subservient to men and less than equal in the eyes of the law.

In a 1985 memo Alito had advised the Reagan Administration that it should attempt to undermine Roe v. Wade. Alito urged the administration to file a friend-of-the-court brief in Thornburgh v. American College of Obstetricians and Gynecologists, and argued that this brief could promote "the goals of bringing about the eventual overturning of Roe v. Wade, and in the meantime, of mitigating its effects."

Alito wanted the administration to "make clear" that it "disagree[d] with Roe v. Wade," but argued that the most effective long-term strategy of persuading the Supreme Court to overturn this groundbreaking precedent was to chip away at it slowly through extremely restrictive state laws. Overturning Roe v Wade would most certainly result in a return to the days of dangerous "illegal" abortions.

Is this the kind of nomination that sounds like a moderate? This candidate is not representative of my views, nor of mainstream America.

Alito clearly has no problem with forcing his radical ideals on women.

I strongly urge you to vote against this horrible nomination because no woman should be forced by anyone to have to resort to using a coat hanger to perform a back alley abortion. When you consider that Alito's warped views would be replacing the moderate voice of Sandra Day O'Connor there should be no doubt that Alito's nomination must be stopped.

Signed,

Some suggested contacts and petitions:

Your senators

The Judiciary Committee

Your representatives

Congress.org

Campus Progress "Stop Alito's America"

PFAW "Save the Court"

Planned Parenthood Anti-Alito Petition

Naral Anti-Alito Petition

Rolling Justice

Plan B Petition

Sending a FAX via the Web (For those of us that don't have a fax machine at home.)

Again, feel free to copy and paste any and all of the information or images you will see put up over the next couple of weeks by the Anti-Alito Brigade into Blogs and letters as we hold Alito's feet to the fire. Even if you only participate on a few of the days it can help make a difference. There are so many issues where Samuel Alito's views and allegiances are just flat out wrong for a SCOTUS nomination.

Note: Tommorrow's actions and reason's are still being worked on today. Feel free to check it out at Booman Tribune  (Just look for the "Justice" diaries) and any help or participation of any kind you can provide will be greatly appreciated. This is another action brought to you by the group that brought you "Operation Yellow Feather" which was a very successful cross blog protest. These actions are designed to help bring the "Left Blogosphere Think Tank" together on our many shared issues.

Watch for Alice's diaries on the "separation of church and state/religious freedom" for days 6 and 7... On two different days because we want to keep them twice as separated!

Actions for: Day 1 Day 2 Day 3 Day 4