What Will Alito’s Confirmation Mean?

We spoke yesterday of the impending struggle over the Alito nomination to the Supreme Court. But what’s at stake with the nomination?

As reported, we are gaining confidence in Alito’s pro-Life value system and judicial integrity; there is every reason to believe that he will join Clarence Thomas and Antonin Scalia in supporting a major overhaul of the Roe v. Wade era. Assuming he can escape the liberal lynching being planned – what will Alito’s confirmation mean for the whole abortion plague in America?

A recent article by University of Alabama law professor Bryan Fair predicts that Justice Anthony Kennedy will become the decisive vote on abortion cases. That role has previously been exercised – to the great detriment of millions of preborn children – by Sandra Day O’Connor.

Professor Fair believes that the Court will, upon Alito’s confirmation, become about evenly divided on legalized abortion. Four justices will vote on the pro-Life side: Chief Justice Roberts and Justices Alito, Thomas and Scalia. And four, Stevens, Breyer, Ginsburg and Souter will defend abortion to the death. By this professor’s analysis, this leaves Kennedy working the middle.

Kennedy, appointed by Regan in 1988, was supposed to be a “pro-Life” vote. But he has already voted to uphold the basics of Roe v. Wade. Then, in 2000, he sided with the pro-Life wing of the Court to uphold a Ban on Partial Birth Abortion.

Professor Fair predicts that Kennedy will be the decisive vote on the Partial Birth Abortion case working its way to the Court – as well as the New Hampshire parental consent law. Real progress might come – since the infamous “health” exception will be at issue in both.

But at the end of the day, we will need at least one more opening for President Bush to be rid of the Roe scourge.


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©2005 Idaho Chooses Life