If you're looking for some kind of silver lining in today's Supreme Court decision restricting abortion rights, this is about as close as you're going to get: While John Roberts and Samuel Alito sided, predictably, with the conservative majority, they didn't join Clarence Thomas and Antonin Scalia in declaring that the Supreme Court's "abortion jurisprudence, including Casey and Roe v. Wade, has no basis in the Constitution."Link.
But every silver lining has a dark cloud, and this one has at least two.
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As a Supreme Court justice, Alito has now signed off on exactly the sort of approach he was advocating as a lawyer. As the Center for Reproductive Rights' Nancy Northrup said today, "This opinion is in fact gutting the precedent without saying so."
The highly principled flip-flopping GOP candidates' opinions are here.
Here's Rudy:
"I could just have easily have appointed Sam Alito or Chief Justice Roberts as President Bush did....I mean, they're sort of a very high standard, and so is Justices Scalia and Thomas. That would be the kind of judges I would look for, both in terms of their background and their integrity, but also the intellectual honesty with which they interpret the law."The solutions are obvious and difficult:
Significant Dem majorities in Congress, a Dem president and a couple of fast retirements of some of the loonies on The Supreme Court, and making abortion (*sigh*) a state issue again i.e. passing state laws protecting the right.
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