Alito does NOT vote with conservatives in 1st case
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  Alito does NOT vote with conservatives in 1st case
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Author Topic: Alito does NOT vote with conservatives in 1st case  (Read 1740 times)
Swing low, sweet chariot. Comin' for to carry me home.
jmfcst
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« Reply #25 on: February 02, 2006, 04:22:42 PM »

Can someone explain me to why this ruling is so important?  Is it a step in ending executions and the death penalty altogether?

Frankly, I don't see how this ruling means anything about Alito.  So, enlighten me.
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J-Mann
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« Reply #26 on: February 02, 2006, 04:33:04 PM »

He voted the Catholic position, which is no surprise at all.

Interesting that both Scalia and Roberts, who claim to be devout Catholics, did not.

A judge's job is not to apply his personal views. Furthermore, there are Catholics that support the death penalty.

There are Catholics who support abortion rights too, the point is the official Church position on the issue.

There 5 Catholics on the court. The point is not that a Justice can be expected to vote in line with "Catholic values" simply because they themselves are Catholic. The point is that it should come as no surprise if they did... In and of itself, such a vote should not been seen as taking the "liberal" position.

It is not the Catholic point of view, per se.  The Catechism supports the death penalty in certain situations (albiet probably not in this one).
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Citizen James
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« Reply #27 on: February 02, 2006, 04:45:05 PM »

That position would be consistent with a pro-life worldview.

One decision does not a career make though.   
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J. J.
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« Reply #28 on: February 03, 2006, 09:19:01 AM »

That position would be consistent with a pro-life worldview.

One decision does not a career make though.   

I agree, but more so with the second point.  Thomas and Scalia  have both voted with Beyer and Ginsburg on occasion. 

We are really trying to over politicize SCOTUS way too much.
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minionofmidas
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« Reply #29 on: February 03, 2006, 09:28:45 AM »

Can someone explain me to why this ruling is so important?  Is it a step in ending executions and the death penalty altogether?
It might theoretically be (because if the death penalty is unconstitutional in this case it'll be hard to find a case where it's not) but in all likelihood it isn't, obviously.

J-Mann (on the Guillotine) - I've heard that before, but I've also heard that it's complete nonsense. Certainly it's not the reason why the head was held up - that's just part of the old ritual associated with beheadings by sword, where it was done a) to show the head to the audience (rather than the other way round) b) to prove the executioner's ability, ie to prove that the head was entirely disconnected from the body.
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Sam Spade
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« Reply #30 on: February 03, 2006, 01:59:01 PM »

Can someone explain me to why this ruling is so important?  Is it a step in ending executions and the death penalty altogether?
It might theoretically be (because if the death penalty is unconstitutional in this case it'll be hard to find a case where it's not) but in all likelihood it isn't, obviously.

The main reason why I would really think it isn't is to go and look back at Alito's career in death penalty cases while on the 3rd Circuit.  Just fyi.
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Gabu
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« Reply #31 on: February 03, 2006, 03:22:39 PM »

We are really trying to over politicize SCOTUS way too much.

I don't really think it's possible not to.  Like it or not, the vast majority of people view the SCOTUS as a means to advance their own ideology.  I would say that the number of people who are genuinely unbiased in this regard (in that their opinions of rulings don't magically mirror their own personal opinions on the issue considered) are very, very few.
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minionofmidas
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« Reply #32 on: February 03, 2006, 04:19:11 PM »

Well Gabu, probably more than a third of Americans agree that the death penalty is wrong but not unconstitutional. Just for one thing.
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A18
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« Reply #33 on: February 03, 2006, 05:39:40 PM »

The sad truth is that 90% of constitutional law has nothing to do with the text of the Constitution.

A great example is Bolling v. Sharpe.
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Smash255
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« Reply #34 on: February 04, 2006, 02:39:28 AM »

Can someone explain me to why this ruling is so important?  Is it a step in ending executions and the death penalty altogether?

Frankly, I don't see how this ruling means anything about Alito.  So, enlighten me.


In my original post I mentioned that I think he is still going to be a pretty conservative.  I just found it interesting that in his 1st vote he sided against the conservativees on the courty
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