Gatorrrrrr VS Alito
Experience on the Bench - Check
Background in Constitutional Law - Check
2 degrees from two of the biggest hoity toity universities in the United States (Yale and Princeton)- Very Check, althought Im not really sure why that is so important.
Conservatives got the man they want? MMMaybe. But they seem pretty happy with the choice.
Swears that he will not "legislate from the bench" - According to some quotes I have seen.. Check. Although.. I believe that has been a little blown out of proportion... I dont believe there is as much "judicial activism" as there claims to be.
Feminazi's happy? Ummm ... No Im sure not.
Faster than a speeding bullet.. able to leap tall building in a single bound...
Lets not get ahead of ourselves. There is no mistaking however that Judge Samuel A. Alito, Jr, President Bushs second choice to succeed Sandra Day O'Connor as Supreme Court Justice, is no doubt more qualified than Miers. But is he the best man for the job? That remains to be seen.
For now what is important to me is how he has ruled on certain cases. We cannot, however, assume that his rulings reflect his personal feelings/beliefs... and instead - again based on his comments - assume he is in fact.. applying his interpretation of the law. I wanted to compare his rulings.. to my personal beliefs... as my determination.... if hes the best man for the job.
Lets start with the one topic that seems to have everyone up in arms.
Planned Parenthood v. Casey
The case in which the 3rd Circuit ruled against a Pennsylvania law which required women to inform their husbands before getting an abortion. Alito was the sole dissenter on this case and ruled that
""A husband has a legitimate interest in the welfare of a fetus he has conceived with his wife. The Pennsylvania Legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands' knowledge because of perceived problems -- such as economic constraints, future plans, or the husbands' previously expressed opposition -- that may be obviated by discussion prior to the abortion."
Basically, I take the (state your name) to honor and cherish blah blah in sickness and in health blah blah till death do us part. In other words... he had an equal part in causing the pregnancy.. so talk about it (atleast) and work it out. Personally.. I feel that the father (assuming the pregnancy occured from a consentual arrangement) doesnt have enough rights where pregnancies are concerned. Dont get me wrong.. I am pro-choice.. just not as its presently defined. Putting aside the whole arguement of insemenation by artificial means - It does take two correct?
This same case went to the Supreme Court and was also ruled in favor of Roe v Wade (and basically against Alito's ruling).
Alito - 1
Gatorrrrrr - 1
ACLU v. Schundler
One item that got me a lil hot under the collar with the Miers nomination.. was making a point of announcing her faith. That leads me to believe..well perhaps assume is a better choice of words.. that she would rely on her faith to make her judgements. To my knowledge, Bush might have learned his lesson this time about even mentioning it.. and instead.. the media is making an issue it seems out of his faith - Catholicism. Some in the media are questioning, if Alito is confirmed, 5 Catholics on the highest court in the nation. Personally.. I dont care.. so long as he is able to separate his two lives when making his rulings. Separation of Church and State is definitly one of the biggest hot button issues for me.
This case involves a city who had a Holiday display on grounds including a creche and a menorah, Frosty the Snowman. Alito wrote the majority opinion stating that because the display included secular and religious symbols.. the display was not un-Constitutional. Religious artifacts.. of any sort.. of any kind have no place on government property. The city was pretty cross-culturally inclusive, however, should have used better judgement in doing so on government property. The Constitution clearl y prevents an establishment of religion. Alito's ruling isnt in agreement.
Alito - 1
Gatorrrrrr - 0
Homar v. Gilbert
This was a case where a campus police officer was arrested on drug charges and suspended without pay. He sues stating the campus had "violated the officers due process rights by suspending him without pay immediately after he was arrested on drug charges."
Basically... he fucked up and got what was coming to him. Apparently Alito, who dissented again, agreed with the campus stating the officers rights were not violated. The Supreme Court later reversed the decision on a different arguement, but agreed with Alito's arguement.
Alito - 1
Gatorrrrrr - 1
* Guns: Voted to declare a federal ban on possessing machine guns unconstitutional, saying it exceeded the power of Congress to regulate interstate commerce. A majority of his court voted to uphold the law.
Guns bad mmkay? Plus.. what purpose.. does ANY civilian need with a fucking machine gun anyway. Apparently the market for gangs, stupid asses and morons is alot more lucrative than I originally believed.
Alito - 1
Gatorrrrrr - 0
* Harassment: Wrote a 2001 ruling overturning a school district's anti-harassment policy that included a ban on anti-gay slurs, saying it violated free speech.
Yea.. ummmm I agree with him here. Plus this kid needs to learn how to deal with situations like that anyway. If he doesnt... how would he ever make it 'in the real world'? He needs to know there are jackasses out there.. and how to deal with them.
Alito - 1
Gatorrrrrr - 1
* Bullying: Wrote a 2004 ruling saying a school district violated the rights of a student who was taunted by bullies with anti-gay slurs and was denied a transfer to a school that offered more protection.
I agree with this ruling... if his parents tried to move him to another school.. regardless of what their reasons for doing so are... and they were denied that option.
Alito - 1
Gatorrrrrr - 1
(* - Source: SFGate.com)
Score:
One thing I am not.. is a one issue voter. Meaning.. as you can see.. my personal beliefs are a 100% match to Alitos rulings, but if I were asked to vote for Alito... I believe he would get a Yes from me. Yes... I would.. even if we are only in agreement 66% of those issues covered. Even knowing those two issues where I disagree with him... two issues I have VERY strong opinions about.. I would give him a yes vote.
I look forward to reading more about him, his background, and his philosophies.
Background in Constitutional Law - Check
2 degrees from two of the biggest hoity toity universities in the United States (Yale and Princeton)- Very Check, althought Im not really sure why that is so important.
Conservatives got the man they want? MMMaybe. But they seem pretty happy with the choice.
Swears that he will not "legislate from the bench" - According to some quotes I have seen.. Check. Although.. I believe that has been a little blown out of proportion... I dont believe there is as much "judicial activism" as there claims to be.
Feminazi's happy? Ummm ... No Im sure not.
Faster than a speeding bullet.. able to leap tall building in a single bound...
Lets not get ahead of ourselves. There is no mistaking however that Judge Samuel A. Alito, Jr, President Bushs second choice to succeed Sandra Day O'Connor as Supreme Court Justice, is no doubt more qualified than Miers. But is he the best man for the job? That remains to be seen.
For now what is important to me is how he has ruled on certain cases. We cannot, however, assume that his rulings reflect his personal feelings/beliefs... and instead - again based on his comments - assume he is in fact.. applying his interpretation of the law. I wanted to compare his rulings.. to my personal beliefs... as my determination.... if hes the best man for the job.
Lets start with the one topic that seems to have everyone up in arms.
Planned Parenthood v. Casey
The case in which the 3rd Circuit ruled against a Pennsylvania law which required women to inform their husbands before getting an abortion. Alito was the sole dissenter on this case and ruled that
""A husband has a legitimate interest in the welfare of a fetus he has conceived with his wife. The Pennsylvania Legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands' knowledge because of perceived problems -- such as economic constraints, future plans, or the husbands' previously expressed opposition -- that may be obviated by discussion prior to the abortion."
Basically, I take the (state your name) to honor and cherish blah blah in sickness and in health blah blah till death do us part. In other words... he had an equal part in causing the pregnancy.. so talk about it (atleast) and work it out. Personally.. I feel that the father (assuming the pregnancy occured from a consentual arrangement) doesnt have enough rights where pregnancies are concerned. Dont get me wrong.. I am pro-choice.. just not as its presently defined. Putting aside the whole arguement of insemenation by artificial means - It does take two correct?
This same case went to the Supreme Court and was also ruled in favor of Roe v Wade (and basically against Alito's ruling).
Alito - 1
Gatorrrrrr - 1
ACLU v. Schundler
One item that got me a lil hot under the collar with the Miers nomination.. was making a point of announcing her faith. That leads me to believe..well perhaps assume is a better choice of words.. that she would rely on her faith to make her judgements. To my knowledge, Bush might have learned his lesson this time about even mentioning it.. and instead.. the media is making an issue it seems out of his faith - Catholicism. Some in the media are questioning, if Alito is confirmed, 5 Catholics on the highest court in the nation. Personally.. I dont care.. so long as he is able to separate his two lives when making his rulings. Separation of Church and State is definitly one of the biggest hot button issues for me.
This case involves a city who had a Holiday display on grounds including a creche and a menorah, Frosty the Snowman. Alito wrote the majority opinion stating that because the display included secular and religious symbols.. the display was not un-Constitutional. Religious artifacts.. of any sort.. of any kind have no place on government property. The city was pretty cross-culturally inclusive, however, should have used better judgement in doing so on government property. The Constitution clearl y prevents an establishment of religion. Alito's ruling isnt in agreement.
Alito - 1
Gatorrrrrr - 0
Homar v. Gilbert
This was a case where a campus police officer was arrested on drug charges and suspended without pay. He sues stating the campus had "violated the officers due process rights by suspending him without pay immediately after he was arrested on drug charges."
Basically... he fucked up and got what was coming to him. Apparently Alito, who dissented again, agreed with the campus stating the officers rights were not violated. The Supreme Court later reversed the decision on a different arguement, but agreed with Alito's arguement.
Alito - 1
Gatorrrrrr - 1
* Guns: Voted to declare a federal ban on possessing machine guns unconstitutional, saying it exceeded the power of Congress to regulate interstate commerce. A majority of his court voted to uphold the law.
Guns bad mmkay? Plus.. what purpose.. does ANY civilian need with a fucking machine gun anyway. Apparently the market for gangs, stupid asses and morons is alot more lucrative than I originally believed.
Alito - 1
Gatorrrrrr - 0
* Harassment: Wrote a 2001 ruling overturning a school district's anti-harassment policy that included a ban on anti-gay slurs, saying it violated free speech.
Yea.. ummmm I agree with him here. Plus this kid needs to learn how to deal with situations like that anyway. If he doesnt... how would he ever make it 'in the real world'? He needs to know there are jackasses out there.. and how to deal with them.
Alito - 1
Gatorrrrrr - 1
* Bullying: Wrote a 2004 ruling saying a school district violated the rights of a student who was taunted by bullies with anti-gay slurs and was denied a transfer to a school that offered more protection.
I agree with this ruling... if his parents tried to move him to another school.. regardless of what their reasons for doing so are... and they were denied that option.
Alito - 1
Gatorrrrrr - 1
(* - Source: SFGate.com)
Score:
Alito - 6
Gatorrrrrr - 4
One thing I am not.. is a one issue voter. Meaning.. as you can see.. my personal beliefs are a 100% match to Alitos rulings, but if I were asked to vote for Alito... I believe he would get a Yes from me. Yes... I would.. even if we are only in agreement 66% of those issues covered. Even knowing those two issues where I disagree with him... two issues I have VERY strong opinions about.. I would give him a yes vote.
I look forward to reading more about him, his background, and his philosophies.
posted by Gatorrrrrr @ 10:57 PM
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