When you read each decision, how would you rule?
ALITO WOULD OVERTURN ROE V. WADE: In his dissenting opinion in Planned Parenthood v. Casey, Alito concurred with the majority in supporting the restrictive abortion-related measures passed by the Pennsylvania legislature in the late 1980’s. Alito went further, however, saying the majority was wrong to strike down a requirement that women notify their spouses before having an abortion. The Supreme Court later rejected Alito’s view, voting to reaffirm Roe v. Wade.
I think you're overhyping it, but Roe v. Wade was a bad decision that took what should have been an issue for state legislatures to decide and turned it into one handled by the federal judiciary. Returning abortion to an issue decided by State legislatures instead of Federal judges would be a good thing. Abortion is a contentious issue that depends upon the answer to a subjective question "What constitutes a human life?" to resolve. Subjective questions are for legislatures and not judges to decide, and furthermore under our federal system, are issues to be resolved at the State and not the national level.
Call me an idealistic libertarian, but I fail to see why the government should involve itself in private discrimination.
Since it selectively penalizes employers who have employees that would use such leave, it's a bad policy to have mandated by government in my opinion, but I think the FMLA is constutional, but only because the commerce clause as been interpreted so broadly that reversing such interpretation would be activist.
Marginal here, I think that Alito here relied more on the intent of those who wrote the warrant meant than what the warrant said. Since the case was over whether the defendants could be sued for the search, I'd agree with Alito here, tho if the case had been over whether to allow evidence gathered by such a search (which was what this case was not about) then I would rule to exclude the evidence.
Unfortunately, I haven't been able to find the actual text of either case, so I can't render an opinion on Alito's position here.
Net score: 4 cases I agree with Alito. 1 that I disagree and two others that I can't find sufficient information to make a decision. If this is the best ammunition that Alito's opponents can come up with, the Dems will be fools to force the Republicans into using the nuclear option, and I don't think enough Dems will be fools.
Prediction, absent some as of yet undisclosed bombshell: Alito is confirmed in January, with slightly over 40 Senators opposed, including a few Republicans and moderate Democrats who while voting against Alito, explicitly oppose a filibuster.
