easyt65
Diamond Member
- Aug 4, 2015
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"...while concurring with the majority in overturning the Mississippi law, Roberts was critical of his colleagues in taking the additional step of overturning both Roe and the 1992 Casey v Planned Parenthood decision."
"In his majority opinion, Alito appears unpersuaded by the chief justice’s third way, declaring that there are "serious problems with this approach, and it is revealing that nothing like it was recommended by either party" in the case.
Alito accuses Roberts’ concurrence of a "failure to offer any principled basis for its approach" and of doing "exactly what it criticizes Roe for doing: pulling ‘out of thin air’ a test that ‘[n]o party or amicus asked the Court to adopt.’"
Alito also argues that it would not necessarily make the decision any less disruptive to the country, saying the course would be "fraught with turmoil" until it answered the question Robert’s concurrence would delay.
"In sum, the concurrence’s quest for a middle way would only put off the day when we would be forced to confront the question we now decide. The turmoil wrought by Roe and Casey would be prolonged," Alito says. "It is far better—for this Court and the country—to face up to the real issue without further delay."
Instead of prolonging the division, hope, and hate with a compromise neither side asked for (not Roberts' job but the same thing he did with Obamacare), Alito's approach was to do their job - rule on the law's Constitutionality, not try to make compromise and / or be a peacemaker,to try to make everyone happy.
"In his majority opinion, Alito appears unpersuaded by the chief justice’s third way, declaring that there are "serious problems with this approach, and it is revealing that nothing like it was recommended by either party" in the case.
Alito accuses Roberts’ concurrence of a "failure to offer any principled basis for its approach" and of doing "exactly what it criticizes Roe for doing: pulling ‘out of thin air’ a test that ‘[n]o party or amicus asked the Court to adopt.’"
Alito also argues that it would not necessarily make the decision any less disruptive to the country, saying the course would be "fraught with turmoil" until it answered the question Robert’s concurrence would delay.
"In sum, the concurrence’s quest for a middle way would only put off the day when we would be forced to confront the question we now decide. The turmoil wrought by Roe and Casey would be prolonged," Alito says. "It is far better—for this Court and the country—to face up to the real issue without further delay."
Instead of prolonging the division, hope, and hate with a compromise neither side asked for (not Roberts' job but the same thing he did with Obamacare), Alito's approach was to do their job - rule on the law's Constitutionality, not try to make compromise and / or be a peacemaker,to try to make everyone happy.
Roberts wanted Supreme Court to stop short of overturning Roe v. Wade
Chief Justice John Roberts agreed with the majority of justices in upholding a Mississippi abortion law, but wanted to stop short of overturning Roe v Wade
www.foxnews.com