Be Not Afraid

by Mike on November 2, 2005

in Politics

This piece from the Christian Science Monitor should not trouble us conservatives. The four decisions discussed do not portray a Judge who would contradict the Constitution by affirming Roe.

Alito’s opinion in the 1991 case was pro-life. Alito had no choice in the 2000 case due to on-point Supreme Court precedent. The 1997 decsion merely recognized the authority of the states to legislate on the issue of abortion. The 1995 decision, though not the one I would have made, is consistent with the view that abortion should be illegal except in the cases of rape, incest and to protect the life of the mother (a pro-life position, albeit a more moderate one).

An Appellate Court judge with no wiggle room cannot contradict the Supreme Court. This tells me that Judge Alito appreciates the proper role of a judge. As a pro-lifer, I would be excited with another Justice who recognizes state authority over this issue. That would be a sign of Roe’s demise.

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