Alito and “Rational Basis”

Published November 1, 2005 12:00pm ET



INEVITABLY, liberal angst over the nomination of Judge Samuel Alito has focused on his vote to uphold the entire abortion statute at issue in Planned Parenthood v. Casey, including the spousal notification provision, which was the only part struck down by the rest of the Third Circuit, and later, by the Supreme Court itself. How did Judge Alito reach his contrary conclusion, and what does it tell us about him.

First, here’s what’s not the question: whether you or I think it’s a good idea for a state to require, subject to certain exceptions, that a married woman notify her husband before she has an abortion. (Not “get the consent of”–just notify. And “require” may not be the mot juste, since the “requirement” at issue here was unenforceable and was satisfied by the unverified say-so of the one seeking the abortion.)

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