How would Alito rule in a Terri Schiavo-like case.

[Barbara Ann]

I consider myself pro-life, but that means more than just anti-abortion. I will agree that that is the formost of the pro-life scenarios, but what about euthanasia. Has anyone here done research on how Alito would rule on a Terri Schiavo like case?

[Hildebrand]

Originally Posted by Barbara Ann

I consider myself pro-life, but that means more than just anti-abortion. I will agree that that is the formost of the pro-life scenarios, but what about euthanasia. Has anyone here done research on how Alito would rule on a Terri Schiavo like case?

We never really know what these nominees will do once they get a life-time tenure on the supreme court.

Nobody can say for certainty that Alito is against Roe v. Wade (legally, not personally). The same for Chief Justice John Roberts.

In 1990, Senator Kennedy made a federal case, literally, out of the Souter nomination. And after his rants, he voted against Souter believing Souter would vote against a woman's "right to privacy" (you know, the right to kill her child). We all know how Souter turned out.

A reason why Bush might be nominating these types of judges (unknowns) is because the pro-abortion senators out-number the pro-life senators (this can change if every pro-life voter refused to vote for pro-abortion politicians). With the current senate, an avowed and recognized anti-Roe nominee would not be confirmed.

[Arba Sicula]

Originally Posted by Barbara Ann

I consider myself pro-life, but that means more than just anti-abortion. I will agree that that is the formost of the pro-life scenarios, but what about euthanasia. Has anyone here done research on how Alito would rule on a Terri Schiavo like case?

He'd rule exactly like the judge in the Florida case ruled. Judge Greer was not making new law. He applied the letter of the existing state law, which, BTW, still stands. And, on appeal, the Florida Appeals Courts upheld the ruling in the Schiavo case. There's no reason to believe that, as careful a judge as Alito is reputed to be, he would, on his own, make new precedent that would surely be reversed upon appeal.

Alito is not a loose cannon.

[mary bobo]

Originally Posted by Barbara Ann

I consider myself pro-life, but that means more than just anti-abortion. I will agree that that is the formost of the pro-life scenarios, but what about euthanasia. Has anyone here done research on how Alito would rule on a Terri Schiavo like case?

I think it is very hard to say how he would vote. It depends on the case brought before the Court and the circumstances as set forth by the attorneys.

[Digitonomy]

Originally Posted by Arba Sicula

There's no reason to believe that, as careful a judge as Alito is reputed to be, he would, on his own, make new precedent that would surely be reversed upon appeal.

Appeal? To whom?

[Arba Sicula]

Originally Posted by Digitonomy

Appeal? To whom?

To the state appeals courts. The question was about how Alito would rule on a Terri Schiavo like case. For him, one judge, to be able to make a ruling, the case would have to be on a level on which one judge could make a ruling. In other words, in the same position that Judge Greer was, when he issued his ruling.

Whether the state would be Florida or any other, the next appeal would have to be to a state appeals court. And, Alito, as a lower level judge, would either rule following the law or rule contrary to the law and face reversal by the appeals court.

[Digitonomy]

Ah. That makes sense. I assumed we were talking about the real world, where Alito is currently a judge on the federal Court of Appeals, and likely to soon be a SC justice.