Judiciary Commitee Recommends Alito

[Schmitz in 1972]

Roe is not in any potential danger unless Stevens, Ginsburg or Kennedy leaves before 2008.

Besides, the relevant precedent in most abortion cases is now Casey, not Roe, for the most part.

I think Stenberg is probably going to bite the dust, however.  This is something I have little problem with.

I wouldn't be so sure about Stenberg being overturned given the way Kennedy's been recently. If Kennedy can go from majority Dolan to majority Kelo, he can go from dissent Stenberg to majority Stenberg.

[Schmitz in 1972]

I certainly hope the federal partial-birth abortion ban is not upheld, but after that constitutional atrocity known as Raich, who knows?

As matters currently stand, only one conservative--Justice Thomas--will likely vote against the federal partial-birth abortion ban on commerce clause grounds. The two other principled defenders of federalism, Rehnquist and O'Connor, will have already left. Scalia is only a fair-weather federalist, and I suspect that Roberts, Alito, and Kennedy would all vote to uphold the ban.

Well it doesn't matter. Even if Roberts, Alito, Kennedy, and Scalia all vote to uphold it they'll be outweighed by the loons plus Thomas

[Schmitz in 1972]

I wouldn't be so sure about Stenberg being overturned given the way Kennedy's been recently. If Kennedy can go from majority Dolan to majority Kelo, he can go from dissent Stenberg to majority Stenberg.

Dolan v. Tigard and Kelo v. New London were two very different cases.

One dealt with when property could be taken, and the other dealt with the compensation for takings.

I know, but it was still a shift from pro-property rights to anti-property rights. I dread to think him making a similar move on freedom of association.