God Rest Ye, Merry Gentlemen - Jars of Clay - listen now

Wednesday, November 2, 2005

LIKE SENATOR KERRY SAID: IT'S ALL ABOUT "NUANCE"

You almost have to feel sorry for the lefties. U.S. Supreme Court nominee Samuel Alito doesn't seem to be shaping up as the monstrous "Scalito" they'd hoped for. He apparently ruled on the "pro-choice" side in 3 out 4 abortion rights cases. It looks like he's able to separate his personal views from his rulings as a judge. That's a good quality in my book. Judges aren't supposed to make law or decide cases based on their own personal ideology, but rather weigh precedent and the facts of the case, even if it means ruling against personal views.

From the Christian Science Monitor:

...the true test of appeals court judges isn't which personal views they hold, but to what extent those personal views may influence how they rule in a particular case.

On this issue, legal analysts disagree in their assessments of Judge Alito. Some say he is a conservative ideologue. Others say he is a smart, careful jurist who leaves personal views behind when he dons his black robes.

---

...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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