Judiciary Commitee Recommends Alito

[○∙◄☻¥tπ[╪AV┼cVê└]

So much for "pro-choice" Specter.

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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.

Thomas is a fair-weather federalist. See his rulings on Gonzales v. Oregon and Bush v. Gore.