Comments on: Samuel Alito’s “Casey at the Bat” http://donklephant.com/2005/11/04/samuel-alitos-casey-at-the-bat/ Big Teeth. Huge Ass. Surprisingly Reasonable. Sun, 22 Nov 2009 10:53:41 -0800 http://wordpress.org/?v=2.8.4 hourly 1 By: Denise Best http://donklephant.com/2005/11/04/samuel-alitos-casey-at-the-bat/comment-page-1/#comment-3445 Denise Best Fri, 04 Nov 2005 17:42:26 +0000 http://donklephant.com/?p=1265#comment-3445 Yes, there will be a significant amount of time for the public to mull over these rulings a decision will be pushed off until mid-January (or most probably even later into 2006). I wonder if Oliver Wendell Holmes were going through the nomination process today, how he would fare during the nomination process? Yes, there will be a significant amount of time for the public to mull over these rulings a decision will be pushed off until mid-January (or most probably even later into 2006).

I wonder if Oliver Wendell Holmes were going through the nomination process today, how he would fare during the nomination process?

]]> By: BrianOfAtlanta http://donklephant.com/2005/11/04/samuel-alitos-casey-at-the-bat/comment-page-1/#comment-3441 BrianOfAtlanta Fri, 04 Nov 2005 16:58:13 +0000 http://donklephant.com/?p=1265#comment-3441 I don't think Krauthammer's argument absolves Alito from all possible criticism in Casey, but it's certainly a good argument. Did the other justices on the 3rd Circuit find enough wiggle room in precedent to rule as they did, or did they bend precedent to fit what they thought was right? The fact that O'Connor changed the standard that she herself had set when she reviewed the case suggests the majority on the 3rd Circuit did indeed bend precedent rather than strictly following it. So, Casey either shows that Alito follows precedent scrupulously or that he used precedent in this case as an excuse to not expand abortion freedoms when he had the chance. Considering that Circuit Court judges are supposed to follow Supreme Court precedent, which is what Alito did and his fellow judges did not do, I'm giving him the benefit of a doubt. In any case, it appears we will have the time to mull more rulings (such as the ones mentioned at the end of the article) to try to figure out where his loyalties lie. I don’t think Krauthammer’s argument absolves Alito from all possible criticism in Casey, but it’s certainly a good argument. Did the other justices on the 3rd Circuit find enough wiggle room in precedent to rule as they did, or did they bend precedent to fit what they thought was right? The fact that O’Connor changed the standard that she herself had set when she reviewed the case suggests the majority on the 3rd Circuit did indeed bend precedent rather than strictly following it. So, Casey either shows that Alito follows precedent scrupulously or that he used precedent in this case as an excuse to not expand abortion freedoms when he had the chance. Considering that Circuit Court judges are supposed to follow Supreme Court precedent, which is what Alito did and his fellow judges did not do, I’m giving him the benefit of a doubt.

In any case, it appears we will have the time to mull more rulings (such as the ones mentioned at the end of the article) to try to figure out where his loyalties lie.

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