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Fritz Feds

Thursday, November 17, 2005


Ed Whelan, as would be expected, goes further and does better with the Alito/RBG comparison than I have time to.  Its a good read, a sample:
Twenty years ago, Alito expressed the view that there is not a constitutional right to abortion. From the day Roe v. Wade was decided in 1973 until the present, many liberal scholars and commentators who support abortion as a matter of policy have been intensely critical of Roe. The view that Alito expressed twenty years ago is squarely in this broad tradition.
In 1977, 16 years before Clinton nominated her to the Court, Ginsburg strongly criticized the Supreme Court’s ruling in Maher v. Roe that the Constitution does not require taxpayers to fund abortions. The view that Ginsburg expressed was and is an extreme minority position. As her vote in Lawrence v. Texas shows, Ginsburg does not hesitate to overrule precedent that she disagrees with.


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