Last year during the Alito confirmations we started a campaign here at BooTrib, leading up to Christmas time, called the “12 Days of Justice“. I am going to share with you the flyer that I made up for that campaign because it goes to the heart of arguments and views that many ANTI-WOMEN right-wingnut groups have chosen to support:
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In 1985 Alito made crystal clear his position concerning Roe v Wade.
Alito’s name does not appear on any briefs the Reagan Solicitor General’s office filed in abortion-related cases. However, just a few months before Alito wrote his DOJ application letter touting his contribution to cases in which the government argued that “the Constitution does not protect a right to an abortion,” the Solicitor General’s office had filed a brief in Thornburgh v. American College of Obstetricians and Gynecologists on that very subject. The brief urged that “this Court should overrule” Roe v. Wade. The Court rejected the Solicitor General’s arguments, with only two justices agreeing that Roe should be overturned.
T. R. Goldman at law.com Offers this opinion of the upcoming battle:
If Alito’s jurisprudential views match those on the Thornburgh brief — and at least in 1985, Alito indicated that they do — then the job application provides the Judiciary Committee with the type of window into a future justice’s thinking that, since the failed nomination of Robert Bork, has become almost nonexistent.
This is a nomination demanding to be “Borked” into nonexistence. But this still does not give a clear picture of his views on women’s rights. Please consider taking and using any or all parts of the following letter and using it to contact your Senators concerning this nomination. Feel free to adapt and edit this letter, or you can just say how you feel about this in your own words. All we ask is that you take action before it is too late.
What does Samuel Alito think about women and abortion rights?
In Judge Alito’s 1992 dissent in Planned Parenthood of Southeastern Pennsylvania v. Casey, Alito argued that a law requiring a woman in certain circumstances to notify her spouse before seeking an abortion did not pose an undue burden on a woman’s right to choose. Alito asserted that if parental notification requirements were constitutional, as the Supreme Court had previously held, then spousal notification requirements must be permissible as well. (Planned Parenthood of Southeastern Pennsylvania v. Casey, 947 F.2d 682 (3d Cir. 1991), aff’d in part, rev’d in part, 505 U.S. 833 (1992).)
Alito’s colleagues on the Third Circuit and a 5-4 Supreme Court majority disagreed. Writing for that Supreme Court majority, Sandra Day O’Connor firmly rejected Alito’s troubling logic:
“A State may not give to a man the kind of dominion over his wife that parents exercise over their children.”
(Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992) at 898.)
Sandra Day O’Connor was correct in rejecting Alito’s view of women as subservient to men and less than equal in the eyes of the law.
In a 1985 memo Alito had advised the Reagan Administration that it should attempt to undermine Roe v. Wade. Alito urged the administration to file a friend-of-the-court brief in Thornburgh v. American College of Obstetricians and Gynecologists, and argued that this brief could promote “the goals of bringing about the eventual overturning of Roe v. Wade, and in the meantime, of mitigating its effects.”
Alito wanted the administration to “make clear” that it “disagree[d] with Roe v. Wade,” but argued that the most effective long-term strategy of persuading the Supreme Court to overturn this groundbreaking precedent was to chip away at it slowly through extremely restrictive state laws. Overturning Roe v Wade would most certainly result in a return to the days of dangerous “illegal” abortions.
Is this the kind of nomination that sounds like a moderate? This candidate is not representative of my views, nor of mainstream America.
Alito clearly has no problem with forcing his radical ideals on women.
I strongly urge you to vote against this horrible nomination because no woman should be forced by anyone to have to resort to using a coat hanger to perform a back alley abortion. When you consider that Alito’s warped views would be replacing the moderate voice of Sandra Day O’Connor there should be no doubt that Alito’s nomination must be stopped.
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The simple fact that Alito was confirmed in the end demonstrates how much more vigilant we need to be in protecting basic rights for women, and personal choices over what happens to their personal bodies is about as basic a right as you can get.
To demonstrate just how sexist this view of legislating personal choice is, has anyone EVER heard of any serious legislation proposed to stop men from getting vasectomies?
A side note: I am sick as a dog and tired as hell because I didn’t sleep at all last night… But I had to make this post because it is an important issue. If I am lucky I will be back to regular posting in a day or two, but for now I am taking it easy.
