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Abortion Not "Settled Law" Says Alito; Democrats Must Filibuster This Extremist Judge Before It's Too Late

By       Message Andy Ostroy     Permalink
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The eventual overturning of Roe v. Wade is more a reality than not if Samuel J. Alito Jr. is confirmed to the Supreme Court of the United States. President Bush, and hordes of drooling right-wing religious fanatics, will finally have their dream come true, and we as a nation will sadly see a reversal of over 30 years of social progress.

At Wednesday's Congressional confirmation hearings, Alito flat out refused to agree that Roe v. Wade is "settled law," leaving the door open to the landmark abortion case possibly being overturned if he makes it to the high court. He acknowledged that the 1973 case was deserving of respect as a precedent of the court, one that's been reaffirmed several times in 30 years. But there's a huge legal difference between "settled law" and "precedent." Unlike recent appointee Chief Justice John Roberts Jr., Alito refused to go beyond precedent and state that Roe is "settled law of the land", which would mean that overturning it would be near impossible.

Parsing his words in response to Sen. Richard J. Durbin's (D-Ill.) aggressive questioning, Alito said: "If 'settled' means that it can't be reexamined, then that's one thing. If 'settled' means that it is a precedent that is entitled to respect . . . then it is a precedent that is protected, entitled to respect under the doctrine of stare decisis." In Latin, stare decisis is traslated to "to stand by that which is decided."

I cannot imagine a scenario more grave than a Supreme Court led by a majority of Alito, Roberts, Kennedy, Scalia and Thomas. The Democrats must grow a spine and filibuster this dangerous nominee. If they don't roll out the filibuster on Alito, what the hell are they saving it for? Alito's confirmation will lay a frighteningly conservative foundation on the high court for decades to come. These extremist judges will forever change and divide America. Alito must be prevented from ever sitting on that bench. My God, Democrats, are you listening?
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Andy Ostroy, a NYC-based 45-year-old entrepreneur and political commentator, is an aggressive counter to the Bush administration, the Republican Party and the powerful right wing media machine. Our mission is to do whatever possible to help Democrats take back the House and Senate in 2006 and win (more...)

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