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PINE BLUFFS — It's been argued that strict constructionist or originalist justices, because of their respect for precedent, will vote to uphold existing court decisions, thereby refusing to strike down Roe v. Wade. Not necessarily. Along with that quality, strict constructionists possess another — the willingness to overturn Court precedent when seriously out of line with the Constitution. Does Judge Sam Alito possess both qualities? We’ll soon find out. His confirmation hearing is scheduled for January 9th.
WASHINGTON, DC — Newly appointed Chief Justice John Roberts has only been in his position a short time, but he’s already drawn praise from a cohort on the Supreme Court. Associate Justice Stephen Breyer said of his new boss (Washington Times, 12/4/05): “He’s got a sense of humor and will emerge as an absolutely fine leader of the Court despite being its youngest member. . . He’s younger [than I was coming on the Court], and I will tell you I’ve learned what an advantage that is,” said Justice Breyer, who prior to Mr. Robert’s confirmation had been the youngest and the Court’s newest addition since 1994.
CHICAGO — Thanks to financial help from many pro-lifers, almost 20 years of harassing litigation against Joe Scheidler and Operation Rescue by the National Organization for Women is winding down. The case of NOW v. Scheidler made it back to the Supreme Court for an unprecedented third time. Oral arguments were heard on November 30. At issue is a federal appeals court decision attempting to reopen the case despite the Supreme Court’s complete rejection of NOW’s lawsuit back in 2003. “We are hopeful that the high court will reinforce what it said two years ago,” explained Jay Sekulow, chief counsel for the American Center for Law and Justice (ACLJ), attorney for Operation Rescue, “and finally bring this case to a conclusion. In a clear decision in 2003, the Supreme Court correctly concluded that the use of the federal Racketeer Influenced and Corrupt Organizations (RICO) statute — a law designed to combat drug dealers and organized crime — could not be used against the pro-life movement.”
OMAHA — Even as some members of the “Gang of Fourteen” profess to have reached a “certain comfort level” with Judge Sam Alito, including Senator Ben Nelson (D-NE), others such as Senator Richard Durbin (D-IL), are saying it’s too early to discuss whether Democrats will filibuster his nomination. And at least one Democrat, Senator Tom Harkin (D-IA) has expressly called for the filibuster, while two others, Senators Harry Reid (D-NV) and Edward Kennedy (D-MA), have said the filibuster remains a viable option.
WASHINGTON, DC — One reason why Democrats delayed scheduling Judge Alito’s confirmation hearing has to do with numerous key issues scheduled to come before the Court this term, such as parental notification on abortion, partial-birth abortion, and Oregon’s assisted suicide law. Oral arguments have already been held in one of these; a case reviewing New Hampshire’s law requiring that parents be notified if their underage daughter seeks an abortion was argued at the end of November. In an interesting twist, the outcome in that case, Ayotte v. Planned Parenthood, may turn on confirmation of Judge Alito. The Courts makeup will change between the time oral argument was made and a ruling on the case is delivered. Court tradition holds that new justices do not participate in decisions on cases argued before that justice was confirmed. However, the Court sets its own rules. It could allow Alito to participate even though he was not there for oral arguments. Important? Yes. He’s on record as an appellate judge, favoring a similar state parental notification law.
Tony Sacco writes from Pine Bluffs.