Democrats have incentive to delay Alito confirmation

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The Hill notes that delay in confirming Samuel Alito too the Supreme Court could affect cases of significance to social conservatives.

Two high—profile abortion—related cases are scheduled for argument before the Supreme Court on Nov. 30, according to the court's website. Those cases are Ayotte v. Planned Parenthood of Northern New England and Scheidler v. National Organization for Women (NOW), which has been combined with Operation Rescue v. NOW.

In the Ayotte case, the court will rule on the constitutionality of the New Hampshire Parental Notification Prior to Abortion Act, which prohibits abortions for minors unless the parents have been notified. In Scheidler v. NOW, the justices will consider NOW's use of federal anti—racketeering laws against activists who attempt to shut down abortion clinics. [snip]

Another abortion—related decision before the court is whether to consider Carhart v. Gonzales, a civil—rights lawsuit challenging the constitutionality of the Partial Birth Abortion Act of 2003. Evans, of Planned Parenthood, said that the court would have an opportunity to decide whether to take it up at the end of the year. If fewer than four justices vote to take up the case, the decision could be postponed, he said.

A fourth case of interest to social conservatives is Gonzales v. the state of Oregon, a Justice Department challenge to Oregon's Death with Dignity Act, which provides for physician—assisted suicide.

If the Democrats attempt to manipulate the Court by delaying confirmation, and taking further advantage of Justice O'Connor who wants to retire, the GOP should not hesitate to call them on it.

Ed Lasky   11 01 05

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