Decius wrote:

Judge Alito wrote that “it appears clear that an undue burden may not be established simply by showing that a law will have a heavy impact on a few women but that instead a broader inhibiting effect must be shown.”

I don't think the above line of reasoning in unreasonable, for the exact same reason I don't think the 9th circuit was being unreasonable when they struck the pledge requirement.

That's fine, but recognize that you're effectively saying that the wife of an abuser will be breaking the law if she decides that such a man shouldn't be raising a child. I'm not saying this should ever happen, but I think it's safe to say that it does, and I continue to believe that it's not my place, even as a husband, to *require* my wife to do goddamn anything. I'm not saying a healthy relationship doesn't involve mutual trust and obligation, but I'm saying you can't legislate that. If it doesn't exist, it makes no sesne to penalize the woman further.

Also, this is predicated on the assumption that lots of women are willy-nilly aborting fetuses without telling their husbands, when I'd bet the reality is that this pretty much only happens in situations where the husband is abusive or otherwise incompetent. He's saying, above, that that's not the case, but I don't really buy that.

Would I be pissed if I was in a good marriage (or thought I was) and found out my wife had done this? Sure, but that's between us, and the law should have fuck all to do with that.

If the left really has a problem with this guy they are going to have to provide an explanation that has meat. Until such time my official position on this nomination is: "Did you expect a Republican controlled government to nominate a liberal?"

The logic of your response is flawed. You should certainly expect people to support their assertions, but just because I expected to get punched in the face doesn't mean I don't get to react to it. Of course we expected a conservative nominee. Are we supposed to be happy about it?

RE: Patterico’s Pontifications - Alito’s Dissent in Casey