[Cboldt]

Thanks for that link. That's the one Gelato was referring to. I'll study it later.

http://caselaw.findlaw.com/cgi-bin/getcase.pl?court=3rd&navby=case&no=995272

[jdhljc169]

Let us know what you think. I haven't had time to look closely at it yet.

Alito's seperate opinion is at the bottom.

[jdhljc169]

I posted one comment from this person from confirmthem.com already. He also sights a couple of cases you might want to look at. Here is another post he made about the case we are talking about.

275 AnotherAlitoFan
Posted on October 28th, 2005 at 3:06 pm. About 'Alito It Is (Or So It Seems)'.

One other thing, on his concurrence in Planned Parenthood v. Farmer (the NJ partial birth abortion case). The majority opinion in that case, which Alito refused to join, struck down the PBA ban in sweeping language that essentially reaffirmed Roe (and Case, and Doe v. Bolton, etc.) in their broadest terms. Alito voted to strike down the ban, but in a separate concurrence based on the very narrow ground that the Supreme Court’s decision a couple of weeks before in Stenberg v. Carhart, striking down the essentially identical Nebraska PBA ban, was squarely controlling. So all Farmer tells us about Alito’s jurisprudence is that, as a Circuit Judge, he followed squarely controlling Supreme Court precedent.