The Corner


All eyes are on Alito in abortion case

First clues on how he will treat Roe vs. Wade may come tomorrow

By Robert Schwaneberg  Newark Star-Ledger  November 7, 2006

Six years ago, Samuel A. Alito Jr. joined two other federal appeals judges in striking down a New Jersey law banning partial-birth abortion. Alito made a point of stating he had no choice: A month earlier, the U.S. Supreme Court had declared a nearly identical Nebraska law unconstitutional by a vote of 5-4.

Tomorrow Alito is scheduled to hear arguments on the constitutionality of a nationwide ban on partial-birth abortion signed by President Bush in 2003. This time, Alito has a choice. It is the first abortion case to come before the U.S. Supreme Court since Alito succeeded Justice Sandra Day O’Connor, who cast the decisive vote against the Nebraska law.


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