Alito and abortion

The news coverage of late is focusing on Alito's dissent in the Planned Parenthood v. Casey case. Alito rightly noted that the requirement to notify a husband of a wife's planned abortion had EXCEPTIONS for abusive husbands, if the woman believed the husband was not the father, and the like! Even under unreliable O'Connor's undue burden test, the Pennsylvania law put no undue burden on a woman obtaining an abortion! Only the most strained arguments could posit that the Casey requirements were an undue burden.

Look, I'm no pro-lifer. I have good friends who won't even vote for dog catcher unless he's pro-life, and I'm not one of their ilk. The point is, as usual, the Left is telling half the story and leading the unwashed proletariat to a faulty conclusion in the socialists' favor.

Let's engage in a hypothetical. The Left is going bonkers, hysterically screaming that single-handedly, Alito is going to overturn Roe v. Wade. Let's say Alito, Thomas, Scalia, Roberts rule against Roe. We know the looney lefties on the Court, Bader-Ginsburg, Breyer, Souter, and Stevens, will rule for Roe. That STILL leaves Kennedy as the swing lynchpin. Kennedy, of late, has shown a respect for precedent, most notably in that trash decision Kelo vs. City of New London. So, given Kennedy's decision in Kelo, we can ONLY conclude that he will vote to uphold Roe and Casey. (Granted, I don't have Kennedy's rulings in front of me and he could have been against Roe and Casey, but I HIGHLY doubt it.) So, while the Left acts like Chicken Little for the billionth time, it seems that even with Alito's confirmation, the pro-aborts (I use this term because I've heard the pro-lifers use the term with complete derision and I feel like deriding the Left right now) are safe.

Let's imagine that Kennedy has a personality-altering stroke and he rules against Roe and Casey. So what? Roe is terrible law. With Roe, the Supreme Court violated the Constitution and seized State legislative police power to regulate for the health, safety, welfare, and morals of the people. Roe was one of the worst cases of judicial activism, right up there with Marbury v. Madison.

If Roe were overturned, would it mean the end of abortion? Not hardly. It would mean that instead of one fedral abortion regime, we'd have 50 abortion regimes, one unique to each State. This is EXACTLY where abortion laws should be made: the States. Why? Because the police power to regulate for the health, safety, welfare, and morals of the people properly lies with the States, NOT THE FEDERAL GOVERNMENT. Constitutionally, the federal government has NO police power. Incidentally, how do I know that those who would vote against Roe and or Casey wouldn't impose some regime opposite to Roe and Casey? Easy, it would violate the constitution and such a decision would violate the principles that those justices live, survive, and subsist on. To impose a regime opposite to Roe and Casey, in essence totally outlawing abortion, would be just as objectionable to Scalia, Thomas, Alito, and Roberts because BOTH regimes would equally violate the Constitution.

So, by using the 4th Amendment right to choose the State you'd like to live in, you could move to the State that has the abortion regime you like best. There is NO WAY you could have me belive that red communist States like Maryland and Massachusetts would outlaw abortion. So, even if the Supreme Court were to overturn Roe and Casey, there's no reason to panic. Abortion will still be available, safe, and legal.

So, to recap: the Casey law had EXCEPTIONS to notification of a husband before abortion, Alito was right to dissent; the Left is hysterical over Alito; Roe is bad law; each State should be allowed to set its own abortion law; even if Alito is confirmed and Roe and Casey are overturned, abortion will STILL be safe, legal, and available.