This fellow was the only judge on the 3rd Circuit Court of Appeals to uphold a Pennsylvania law, Pennsylvania Abortion Control Act, that women must report to their husbands they are having an abortion. The 3rd Circuit, except for this radical ideologically driven jurist, ruled such a medieval and sexist law as unconstitutional.
Judge Alito stated that requiring a woman to notify her husband that she is having an abortion does not constitute an “undue burden.” Really? What if the baby is not his? What if it is but he would be furious that she was pregnant and would not come to term? What if she feared for her life that a husband might harm her with this revelation? Do none of these considerations meet the Justice Sandra Day O’Connor test of an “undue burden” on a woman seeking to have a legal abortion in the United States? I realize the Pennsylvania law had exemptions for some of the above. Yet what if she were wrong? What if her legal requirement to “certify” that she notified her husband backfired and she had miscalculated the reaction of her husband?
A woman’s right to choose does not mean that it is the husband’s right under any circumstances to be notified in advance. Single women were not required to notify the father or a fiance or a lover. Why should married women have this egregious burden?
I am surprised that Senator Harry Reid, the Democratic majority leader, stated on Sunday that a Judge Alito nomination would be vigorously opposed. He is pro-life but perhaps is moderating his views somewhat. Maybe the Democrats may finally stand for something. We are waiting.
By the way I agreed with Democratic National Committee Chairperson Howard Dean who said on “This Week” on October 23 that the Democratic party is not the pro-abortion party. It is for the right of a patient and her physician to determine, without state interference, what is the best course of action in a medical procedure. Being pro-choice does not mean you are pro-abortion. It means a woman should have a choice which may include having an abortion. Of course if one believes abortion is immoral, then the choice should be revoked. That is the difference between the two sides in part.