Judiciary Commitee Recommends Alito

[Emsworth]

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.

[Emsworth]

What makes you say that about Alito?

His rulings do not seem to indicate that he is a true federalist like Rehnquist. He might simply be in favor of federalism when he agrees with the result, like Scalia.

[Emsworth]

There was no exception for life of the mother, which is why many Democrats voted against it.

Actually, there was an exception. See Section 1531 (a): "This [ban] does not apply to a partial-birth abortion that is necessary to save the life of a mother."