Bell Curve The Law Talking Guy Raised by Republicans U.S. West
Well, he's kind of had it in for me ever since I accidentally ran over his dog. Actually, replace "accidentally" with "repeatedly," and replace "dog" with "son."

Wednesday, January 11, 2006

How I'm adored

Baby on Board is no excuse

Apparently, a woman in the carpool lane claimed it was legitimate because she was pregnant. This case went to court, where one would expect to hear the same old "is a fetus a person" stuff. But no, the judge seems to have sidestepped the issue, by

applying a "common sense" definition in which an individual is someone who occupies a "separate and distinct" space in a vehicle.
Thanks to this judge for using some common sense! Can you imagine a woman being charged two seats in a movie theater just because she's pregnant?

This is where the "letter of the law" theory of judicicizing (ya like that one?) breaks down. One wonders how "Strip Search" Alito would have argued.


Anonymous said...

Well, it would depend what precendent he was trying to establish later on. For example, the one case he points to as evidence that he rules in favor of the "little guy." Is the following: A teenage boy was being persecuted by bullies at a public school because of his perceived sexual orientation. His parents tried to enroll him in a different high school in a different neighborhood but the school district refused to allow the transfer. He ruled in favor of the student. But think about it. What was his basis? Was it that the kid had a right to avoid being persecuted or was Alito trying to sneak in a precedent for school vouchers, a popular right wing education policy often blocked legal disputes?

The more I hear about Alito the more certain I am that he is a very politicized judge.  

// posted by Raised By Republicans

Anonymous said...

It's an anti-busing decision at heart. 

// posted by LTG