Danny Novo
_**Update:** I am embarassed to admit that I screwed up in this post. I’m leaving it here to serve as a lesson, mostly to me, but be sure to read the first two comments below. Many of my inflammatory comments (all of them?) were not just poorly researched, but untrue. For example, Alito held that the spousal **notification** (it is not a consent requirement) aspect of the law provided several exceptions (including parenthood, spousal sexual assault, and fear of bodily harm) and therefore did not constitute an undue burden. While I may not agree that these exceptions provide enough to counter an undue burden argument, I recognize that all my inflammatory examples below are unfair to Alito and the views he expressed. **Mea culpa**._
Dear Conservatives. Please justify supporting a man for the Supreme Court who actually believes a woman should be required to ask her wife-beating husband if she can have an abortion. You tell me, flat out, that you agree with sending a terrified, abused, battered woman to beg at the feet of her abuser before she can make a decision regarding her own health.
Don’t like the rhetoric about “a woman’s health”? Okay. How’s this? Tell me you will make a terrified, abused, battered woman go ask the man who hits her, who breaks her bones, who caused a miscarriage last year, tell me you will make her go to this man and get beaten again, maybe killed, to ask him if she can abort the latest baby they made together, or the baby his friends gave her when they were all drunk one night. Because the man up for the deciding vote on the Supreme Court, Judge Samuel Alito, believes this. He believes that a woman must be required to notify her spouse before she can have an abortion. It does not matter if he is the father. It does not matter if he beats her. It does not matter if he beats his other children. It does not matter, and pay close attention to this, it does not matter if he will kill her when she asks him.
The blood of those women, and of their unborn children, will be on your hands.
You think this is an extreme case? Well, the law does not discriminate between extreme cases and frivolous cases. Unless, of course, there are provisions written into the law, like a provision that takes into account the safety or health of the mother. But you don’t want those either.
You want me to make an extreme statement, so you can hate me, and write me off as a liberal nutjob? Fine, here: You tell me that you would agree with killing the mother if there is a chance it could save the unborn child. Tell me that. Then we can hate each other.
Love, Danny.
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Um, did you notice the exceptions in Section 3209:
“These exceptions apply if a woman certifies that she has not notified her husband because she believes [FN4] that (1) he is not the father of the child, (2) he cannot be found after diligent effort, (3) the pregnancy is the result of a spousal sexual assault that has been reported to the authorities, or (4) she has reason to believe that notification is likely to result in the infliction of bodily injury upon her.”
? They’re among the reasons he concluded that it didn’t constitute an “undue burden” by the O’Connor standard.
Well, American, I have to admit that you’re right. You should have posted your name, so I could give proper credit.
I did not notice the actual text of Alito’s dissent, because I did not look to find it. I failed to do due diligence. I have such a knee-jerk reaction to Conservative issues and views that I was burning up and just had to get it out. I was going off of a radio report I heard, that apparently was unclear.
I stand corrected. Thank you. Here is a clear article from ABC News about the issue. Wish I had read it first.
In the interest of making amends, here are some links for my more diligent readers. All five of you.
The text of Rhenquist’s dissent in the Supreme Court decision on _Casey_ can be found here. He mentions Alito by name.
The text of the Alito’s original dissension in the state case can be found here. Please note that it includes his conclusion that the exceptions did not constitute an “undue burden” as An American notes.
Finally, SCOTUSblog has a brief review of some of Alito’s important cases. I find the ones listed here not so objectionable.
Now I am going to go look for real reasons to dislike him. My apologies to An American and anyone else who was/is offended by my passion/lack of diligence.
I hate when that happens.