Tuesday, January 10, 2006

Roe Is Dead

Alito has said he respect precedent, and his position on Roe has changed in twenty years, but Daily Kos outlines, using his own words, the path Alito will follow to vote to overturn.

He did not clarify whether he still believes it but implicitly seemed to accept that when he argued that as a judge he would put his personal feelings aside and determine whether the doctrine of stare decisis compelled upholding Roe.

This makes it clear, Alito would vote to overturn Roe UNLESS the doctrine of stare decisis compelled otherwise.

As for stare decisis, Alito stated repeatedly that it "is not an inexorable command."

It seems clear that Alito will likely vote to overturn Roe if he is confirmed to the Supreme Court.


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