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Well, it's Alito, surprising very few. The social right has already picked up on the biggest scary thing, Planned Parenthood v. Casey, where he supported the right of the state to mandate that women notify their husbands before getting an abortion. There were exceptions, but the mandate was there.

The offensive from the social right is going to be that the pro-choice side is lying about PP v. Casey and that they're saying he mandated they get permission. They're also proclaiming that the law Judge Alito supported and voted to uphold only required in in "some cases." A more accurate description is that it required notification as a base position, and provided a few opportunities to get out of it.

More specifically, though, what Alito upheld - in more or less these words, tho' this is not an exact quote - is the concept that a husband has a specific interest in the foetus that the state can act to support. A specific interest, in this kind of context, implies a kind of ownership right. It implies that the foetus, which is part of his wife's body, is in some way his property.

Legal requirement for notification does not happen in a vacuum. It's not instantiated as a frivolous whim; there's always a motivating reason. Indeed, the core of the "notification" question relies on the same arguments and theories that a "permission" question would similarly raise; is there a specific interest (as with, say, property); if there is, can the state act to support or protect those interests? In both cases, if you support one, you can support the other.

Note that both these arguments imply that the woman's position in the matter - you know, the person actually carrying the foetus - is at best a peer interest to that of her husband, and arguably, since in all of these cases the woman's position is already implied, that her position is secondary.

So no, he didn't support a law that required the permission of the husband. But he did vote to uphold a law that has the exact same legal and philosophical requirement set as one that would, and I reject that legal argument on bases of equality under the law, right of property, and right of privacy. If you consider women to be true legal peers of men, I do not see how you can decide otherwise.

He, clearly, did not have this problem.

The only question remaining, if do you accept that line of reasoning, would be the matter of whether the legal interest of the husband presents an undue burden on the wife, and what she does with her body. In this case, he felt it did not. Indeed, this was the basis he used to decide that the notification requirement was Constitutional; that the burden was not undue.

What would happen, following this line of reasoning, with a challenge to a law that explicitly required permission? Would this similarly be an undue burden?

In general, in the case of anyone with a legal interest in an object, the right to object to things being done with that object is typically implied. That objection often includes the right to reject a dispersion, a disposal, or a destructive use.

This happens all the time with regard to personal property; at very least, the law often invokes notification attempts including mandatory waiting periods for the notified party to respond. In the case of found property in abandoned and non-paying rental units, for example, that required waiting/storage period in Washington State is up to one year; you have to try to notify the person who abandoned the property, then you must store it for as many as 12 months before you can dispose of it.

So while we don't know how he'd rule on such a permissions matter until he actually does, I think I have a pretty good idea.

And now, today's news.



White House consults Concerned Women for America on Supreme Court pick, helping confirm that they're on the social shortlist;

Southern Baptist Convention relief workers refuse to hand out water to hurricane victims because the water was donated by a beer company; SBC stands behind workers, Red Cross has to step in to distribute the donated supplies;

New Zealand National Party's "PC eradicator" attacks the transgendered;

SCOTUSblog has lots of background on Supreme Court judicial nominee Alito;

Concerned Women for America (predictably) endorse Alito;

CWA audio report on Alito, asking listeners to call in to support his nomination;

"Exwitch Ministries" warns against Halloween;

Traditional Values Coalition endorses Alito for Supreme Court;

National Academy of Science and National Science Teachers Association pull rights for Kansas public school teachers to use their curriculum material; at issue is the push to teach Creationism as a science; FotF compares them to a brat taking their ball and going home;

Today's Family News in Focus touches upon the previous article, but has other issues as well, particularly the anti-gay "Love Won Out" event in Boston, and the protest against it.


----- 1 -----
President poised to pick court nominee
Allies on right consulted on conservative judges Alito, Luttig, Batchelder
MSNBC/The Washington Post
October 30, 2005

By Peter Baker
Updated: 9:51 p.m. ET Oct. 30, 2005

President Bush appears poised to announce a new Supreme Court nomination Monday, moving quickly after a weekend of consultations to put forward a replacement for the ill-fated choice of Harriet Miers in hopes of recapturing political momentum, according to Republicans close to the White House.

[...]

Key conservative allies consulted

One group consulted was the Concerned Women for America, whose decision to oppose Miers last Wednesday became one of the final blows to help kill the nomination. Janet M. LaRue, the group's chief counsel, said it received a call from the White House on Saturday and liked what it heard.

[More at URL]


----- 2 -----
Religious beliefs trump hurricane relief
Danielle Pepe
NBC-2
Last updated on: 10/29/2005 5:06:13 PM

http://www.nbc-2.com/articles/readarticle.asp?articleid=4747&z=3&p=

CLEWISTON — Hurricane victims who wanted water had some difficulty finding it at a relief station in Clewiston Friday. The volunteer group running a supply center doesn't like the company that donated the water, so they decided not to give it to those in line for help.
 
Twenty-two pallets of the canned water, distributed free by beer company Anheuser-Busch, bears the company's label – and members of the Southern Baptist Convention refused to hand it out to those in need.
 
Resident lined up for miles to receive food and water at the distribution point. But the water was left on the sidelines by the Alabama-based group.
 
"The pastor didn't want to hand out the Budweiser cans to people and that's his prerogative and I back him 100-percent," said SBC volunteer John Cook.
 
The SBC felt it was inappropriate to give the donation out, and they weren't happy when NBC2 wanted to know why.
 
"Why do you want to make that the issue? That's not the issue. The issue is that we're here trying to help people," Cook said.

[More at URL]


----- 3 -----
PPTA targeted by Nats' PC eradicator
31 October 2005

http://www.stuff.co.nz/stuff/0,2106,3463116a10,00.html

National MP Wayne Mapp says the secondary school teachers union stance on transgender issues is an example of how political correctness is out of control in New Zealand.

Dr Mapp has been appointed as his party's political correctness eradicator and has come under fire from the Post Primary Teachers Association (PPTA) for backing the dumping of a bill to protect transgender people from discrimination.

PPTA president Debbie Te Whaiti said Dr Mapp's position was a "glaring example of intolerance" as supporting the human rights of transgender and intersex people had nothing to do with political correctness.

"A school that discriminates against staff or students because of sexual orientation or gender identity, or fails to take reasonable steps to prevent harassment of pupils perceived to be gay, lesbian, bisexual or transgender is in breach of the Human Rights Act," Ms Te Whaiti said.

"Affirming diversity is a fundamental value that must underpin the culture of a school, because without it, conflict is inevitable and a school is no longer a safe and affirming place for all members of its community."

[More at URL]


----- 4 -----
Alito
SCOTUSblog
October 28, 2005
Posted by Tom Goldstein at 09:29 AM

http://www.scotusblog.com/movabletype/archives/2005/10/alito.html#more

Jan Crawford Greenburg - who I think has always been ahead of the pack in on the nominations issue - reports that the White House is focused on Judges Luttig and Alito, and potentially Judges Owen and Williams.

Of these candidates Judge Alito seems most likely to me, and he is my prediction. Judge Alito would energize the President's conservative supporters. But he would not be as much of a fight as the others. Luttig and Owen, in particular, raise the serious prospect of a filibuster and it seems unlikely in the current environment that the Administration is anxious to have that fight. It seems to me that the pressure to nominate a woman is considerably lessened now, and the focus is on getting someone confirmed. Judge Alito will be grudgingly confirmable to many Democrats once they look at his record.

Anisha Dasgupta's quick profile of Judge Alito - copied from the former S. Ct. Nomination Blog - is after the jump.

Brief biography
Judge Alito currently serves on the U.S. Court of Appeals for the Third Circuit. Prior to his nomination to the Third Circuit by President George H.W. Bush, he served as U.S. Attorney for the District of New Jersey (1987-1990), Deputy Assistant Attorney General (1985-1987), and Assistant to the Solicitor General (1981-1985).

Judge Alito was born in 1950 in Trenton NJ. He attended Princeton University and Yale Law School. He clerked for Judge Leonard I. Garth on the Third Circuit.

Useful weblinks
Access a profile of Judge Alito at Law.com

Notable opinions:

[More at URL]


----- 5 -----
CWA: Alito is Outstanding Choice
Concerned Women for America
10/31/2005

http://www.cwfa.org/articles/9319/MEDIA/misc/index.htm

Washington, D.C. – Concerned Women for America (CWA) expressed its wholehearted support for President Bush’s nomination of Judge Samuel Alito Jr., 55, to the U.S. Supreme Court. Judge Alito is eminently qualified and has a consistent record as a conservative constitutionalist during the past 15 years on the U.S. Court of Appeals for the Third Circuit.

“Judge Alito has always been one of our top choices for the Supreme Court,” said Jan LaRue, CWA’s chief counsel. “He has all of the qualifications needed: intellect, knowledge and experience in constitutional law, integrity, competence, humility and judicial temperament.”

[...]

“Since about half of the current members of the Democratic caucus confirmed Alito in 1990, he should sail through to confirmation by an overwhelming majority. Judge Alito will help swing the Court back to the Constitution and restore the only balance that matters,” LaRue concluded.


----- 6 -----
Judge Samuel A. Alito Nominated to the U.S. Supreme Court
Concerned Women for America
10/31/2005

http://www.cwfa.org/articles/9323/LEGAL/scourt/index.htm

Early Monday morning, President Bush announced his new nominee for Associate Supreme Court Justice. Jan LaRue, CWA’s Chief Counsel, says Judge Samuel A. Alito has an outstanding judicial track record and has gained the respect of friends and foes from his seat on the U.S. Court of Appeals for the Third Circuit. Click here ( http://www.cwfa.org/play.asp?id=cw20051031a ) to listen.

[Jan LaRue, chief council, Concerned Women for America: "We are utterly delighted." "This is exactly what President Bush promise,d to nominate justices in the mold of Scalia or Thomas... he is clearly in the mold of people like Scalia and Thomas." Received "Golden Gavel" award from CWA for dissent in a "religious liberty" case; accepted it with letter. "The left is already lying about htis man's record, especially in that case of Planned Parenthood vs. Casey... it was Judge Alita who disstented... a woman would have to give notice that she was, in fact, going to have an abortion... the left is saying that he would have required a woman to get consent... that is not at all accurate, it was simple notification." "Pray[ing] for him and his family, since we are all aware of the attacks that are launched against excellent nominees... be calling and writing senators to express your strong support for this man..."]


----- 7 -----
How Former Witches Want You to Celebrate Halloween
Rebekah Montgomery
Contributing Writer
Crosswalk.com

http://www.crosswalk.com/news/religiontoday/1359348.html

If you are looking for lurid tales of infant sacrifice or ritual rapes of 13-year-old virgins, you won't find them recounted here. Those horrors may have happened somewhere on October 31st, but the tragedy remembered by some former witches is that Halloween traditions and symbols often can provide too handy of a gateway to the occult. And some children are simply spiritually unprotected because no one ever prays for them.

Says one former witch from Exwitch Ministries: "Many kids get their first exposure to the occult at horror movies at Halloween parties. After the initial exposure to the occult some children are attracted to the occult because of the power it offers them. Others see it as the ultimate means of rebelling against their parents."

Exwitch Ministries was founded to reach occultists, wiccans, witches, pagans, and others through consistent witness, the demonstration of Christ-like character, apologetics, and genuine love and concern. They also support those who choose to embrace Jesus through discipling, networking, and fellowship.

[More at URL]


----- 8 -----
TVC CHAIRMAN PRAISES ALITO NOMINATION
For Immediate Release
October 31, 2005
Contact: Amy Skeen
(202) 547-8570

http://www.traditionalvalues.org/modules.php?sid=2469

Washington, DC --The following statement was issued today by Rev. Louis P. Sheldon, Chairman of the Traditional Values Coalition:

“President Bush is to be applauded for his choice of Judge Samuel Alito to replace Supreme Court Justice Sandra Day O’Connor on the Court. The President has kept his commitment to appoint an individual who will faithfully interpret the Constitution. Judge Alito is an experienced judge with an extensive record of decisions in his 29 years of public service including 15 years as a judge. He has the well-reasoned judicial philosophy that is needed at this moment in history on the Court. I intend to work full-time for as long as it takes to get Judge Alito confirmed by the Senate.”

###


----- 9 -----
Science Boards Pull Material From Kansas
by Steve Jordahl
Focus on the Family
Family News in Focus
October 31, 2005

http://www.family.org/cforum/fnif/news/a0038411.cfm

Even the thought of teaching something other than evolution is too much for an association of science teachers to endure.

As the Kansas Board of Education moves toward allowing scientific theories that dispute evolution into the classroom, the science community is pushing back. The National Academy of Sciences and the National Science Teachers Association have pulled all of their copyrighted material from the state. The proposed changes can be put on a single sheet of paper and in fact, exclude Intelligent Design without prohibiting it. But Gerry Wheeler of the National Science Teachers Association says they go too far.

"We felt that we couldn't have our material that tightly connected to the standards, so that's why we pulled it out."

The material that is now off-limits includes model language used to teach all branches of science, which will have to be rewritten at considerable time and expense. Wheeler says the proposed standards are not scientific.

"The concern of the National Science Teachers Association is simply that this is a belief system and it's being called a science and brought into the classroom."

Kansas State Department of Education Commissioner Bob Corkins says the associations mean to look like bullies, but are coming off rather like a brat who's taking his ball and going home.

[More at URL]

----- 10 -----
Focus on the Family
Family News in Focus
Monday, October 31, 2005

http://www.oneplace.com/Ministries/Family_News_in_Focus/

* Thought of teaching something other than evolution is too much for an association of science teachers to endure
2. See article 9 above.

* Nation’s oldest Jewish advocacy group says Jewish law allows embryonic stem cell research – but there are dissenters
4. B'nai Brith supports federal fund usage for embryonic stem cell research. "Legal under Jewish law." A Slate commentor says, "I think we need to argue... how we're going to respect the embryo..."

* Claims that religious right has too much influence with administration are coming from those on religious left
5. "Religious liberals are worried that they're losing their influence to religious conservatives... but their message might be getting in the way." "The liberal activists are attacking people like Focus on the Family, and the minister, and the neighbourhood church." "Religious liberals'... messages have become irrelevant." "They have long ago lost the confidence in their beliefs..." "The liberals should respect all religions rather than lumping them all together."

* Another Love Won Out conference was held over weekend…this one is Boston
1. "Massive protest" by "gay rights activists." FotF says 1000. "With an obscenity, they demanded that Love Won Out... get out of Boston." "The police stood shoulder to shoulder protecting the church doors form the demonstration." "It's very sad, though, that they don't understand the message that's here." "Mike Healty: We just want the Christian community to know that they can stand for truth, that homosexuality is against what God originally intended, but we want them to know they can do that with love and compassion for men and women that struggle with same-sex attractions." "As a parent, of a gay son, I need to know how to handle the situation, and this has given me hope." "Hope for her son to find freedom from homosexuality."

* Plan to reimburse schools that are taking in some 300 thousand students displaced by Hurricane Katrina has been thwarted. Opponents afraid that some money might have gone to religious schools
3. The plan was to give families ... a voucher for up to 6700 per student for the school of their choice. [Options included religious schooling.]

* As Methodist church grapples with idea of sanctioning one of its pastors for refusing to allow a homosexual to join church -- the church at large realizes it’s an issue it needs to address
[NO STORY]

Date: 2005-11-01 09:09 am (UTC)
From: [identity profile] kathrynt.livejournal.com
Hon, it's not a strawman at all. Just because I think it's _wrong_ for a woman to have an abortion without involving her husband doesn't mean I think it should be _illegal_.

You are badly misreading my comment; I'm unsure where in anything I said you got the impression that I believe that anyone should be able to avoid consequences.

And, uh, it isn't always as much his baby as it is hers.

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