Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member


(112,382 posts)
Sat May 14, 2022, 03:21 PM May 2022

Notes on Alito's blatant hypocrisy on "privacy" rulings.

The Supreme Court has disgraced the institution. Intellectual dishonesty. Alito’s draft opinion holds, Roe and Casey must be overturned. Alito says they were egregiously decided without a Constitutional basis. He argues abortion is not mentioned in the Constitution, and by overturning those cases he is also saying there is no Constitutional right to privacy. Both Roe and Casey depended in part on the right of privacy, derived from the 9th Amendment and the Due Process clause of the 14th Amendment. The 9th provides that “ The enumeration of certain rights should not be construed as denying or disparaging others retained by the people.” What are those other rights ? How about contraceptives? This was the issue in Griswold v. Connecticut, 1965, could the state prohibit the sale of condoms ? Relying on the 9th, the Court said no, recognizing that “ privacy “ was one of those “ other rights retained by the people.

Alito joined in the majority opinion in the Heller case. That case held a private individual has a Constitutional right to posses a semi automatic handgun in the house. The case rested its decision on “ self defense “ even though self defense , like abortion is not mentioned in the Constitution. There is a rule of judicial construction when analyzing words, they are to be given their plain and ordinary meaning. And the words of the 2nd Amendment, by their plain and ordinary meaning, confers the right to bear arms, in order to have a “well regulated militia.” These issues, absence of self defense in the Constitution, and ignoring the plain meaning of the 2nd Amendment didn’t seem to bother Alito when he supported Heller. But now when the issue is a woman’s right to choose, he employs an “ originalist/ textualist approach. I suspect his real reason is not based on a Constitutional basis but on a religious belief that life begins at conception. A personal religious belief that has no place in Supreme Court decisions.

(Retired Legal eagle) William Collins

Notes on Alito's blatant hypocrisy on "privacy" rulings. (Original Post) blm May 2022 OP
;-{)🖖‍ Goonch May 2022 #1
Barry Blitt FTW! ZZenith May 2022 #6
He's an inconsistent mental case bucolic_frolic May 2022 #2
Alito's draft verdict being a ragbag is a feature. Girard442 May 2022 #3
WTF? The 4th Amendment is all about the right to privacy. brush May 2022 #4
...K&R... spanone May 2022 #5
So much for the separation of church and state dlk May 2022 #7


(5,946 posts)
3. Alito's draft verdict being a ragbag is a feature.
Sat May 14, 2022, 03:28 PM
May 2022

It shouts that SCOTUS can do any damn thing it wants and justify it by a word salad that's barely better than "lorem ipsum dolor."


(51,363 posts)
4. WTF? The 4th Amendment is all about the right to privacy.
Sat May 14, 2022, 03:44 PM
May 2022

Alito is just another lying republican with weak arguments. I mean when you have to resort to referencing a 17th century witchcraft believer, ya need to sit down and STFU.

And if our society is to bound by what's in the Constitution, well we might as well go back to horse-drawn transportation and quill pens as most everything in modern society is not mentioned in the Constitution.

Scalia and all of his strick construtionist's followers judgment is therefore bankrupt for obvious reasons...obvious to everyone but themselves.


(11,003 posts)
7. So much for the separation of church and state
Sat May 14, 2022, 08:24 PM
May 2022

This draft is all about Alito’s religious beliefs. He is a true zealot, as are his compatriots on the court.

Latest Discussions»General Discussion»Notes on Alito's blatant ...