The Pro-Life Movement “is energized” by Alito’s likely confirmation. The Independent Florida Alligator — my alma mater’s student paper — says abortion is an issue “for the reasonable moderates across the fruited plain.” (America, America, God shed His grace on theeeeee.) And I keep tasting bile.
If you haven’t followed the Alito hearings and the Senatorial jockeying since, you might want to know that several states are already taking up anti-abortion legislation in anticipation of Roe v. Wade‘s being overturned.
And while Roe‘s getting all the attention, it’s far from the only precedent at stake here. On the Court, Alito would join forces with Scalia, Thomas, Roberts and Kennedy to dismantle whole volumes of the last century’s jurisprudence.
We’re talking turnabouts that could have a concrete impact, fast. Like, goodbye, Brown v. Board of Education; welcome back, segregation? Also, hello, official state churches? Hooray for poll taxes? “No chicks or spics need apply” = no problem?
I use question marks because it’s unclear exactly how quickly things would change, or exactly where the judicial backpedalling would land us. But the examples aren’t farfetched. Scalia and Thomas have been laying groundwork for these kinds of drastic changes for years. (Just find some of their dissenting opinions. Or pick up a copy of Cass Sunstein’s Radicals in Robes.)
Worse yet, as a Times editorial today observes, Alito seems to support the “unitary executive” view of government — discussed here — that’s advanced by “conservative theorists who ignore our system of checks and balances, elevating the presidency over everything else. He has expressed little enthusiasm for restrictions on presidential power and has espoused the peculiar argument that a president’s intent in signing a bill is just as important as the intent of Congress in writing it.” So much for original intent.
You know the situation is dire when John Kerry, the Capitulation King himself, is actually calling for a filibuster rather than waving the white flag. Prospects for success aren’t good. But if you’re alarmed, call.
Update: Here’s Kerry blogging about Alito and the necessity of a filibuster at Daily Kos. And here’s Lance Mannion.