Sunday, November 06, 2005

"Right to Wife"
Judge Alito, it's a pleasure to have you before our committee this morning. You're obviously an accomplished jurist, and my colleagues on the other side of the aisle speak very highly of you. I really have only one question for you, and it's my hope that you'll be able to put my mind, and the public's mind, at ease about it. What I'd like to know is, why do you think it's constitutional to treat a pregnant woman like a child?
...Now, in your opinion in Casey, right after that quote from Justice Marshall, you write this: "These harms are almost identical to those that the majority in this case attributes to Section 3209." Section 3209 is Pennsylvania's spousal-notice provision. Then you conclude, "Justice O'Connor's opinions disclose that the practical effect of a law will not amount to an undue burden unless the effect is greater than the burden imposed on minors seeking abortions in Hodgson or Matheson." And you uphold the spousal notice law because its burden doesn't exceed the burdens in those other cases.

Now, here's my question, Judge. Do you really think an undue burden for a grown woman is the same as an undue burden for a teenager? Do you think a woman deserves no more deference than a girl?

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