[jwalsh07]

I post to this to nip in the bud any negative commentray sent Alito's way vis a vis Partial Birth Abortion. In Planned Parenthood of Central New Jersey v Farmer Alito concurred with the finding of the court that because Stenberg v Carhart was precedential he had no choice to but to declare New Jersey's ban on the murder of later term unborn babies unconstitutional.

Now, I put it like that not to cast aspersions on Judge Alito but to cast aspersions on a SCOTUS that reads that killing into the constitution.

We can not expect appellate judges to become activist and then call for non activist courts. I actually feel sorry for the man, being put in a position where he has to affirm the some nefarious constitutional right of women to tear their near full term babies limb from limb.

[muawiyah]

Look, it's up to real RTL judges to figure out every which way that is possible that a decision regarding killing babies ploughs new ground and is not subject to stare decisis.

Otherwise, that judge dips his spear in the blood of the innocent.

It's one of the reasons we really should not be nominating any current judges who have ever had a RTL case to the USSC.