10/31/2005 09:01 am ET | Updated May 25, 2011

Judge Alito - Planned Parenthood v. Casey

Unlike Harriett Miers, Bush's new nominee does have a paper trail. According to this article from, Judge Alito was the lone dissenter in Planned Parenthood v. Casey:

"On abortion, Alito was the lone dissenter in Planned Parenthood v. Casey, in which the 3rd Circuit struck down a Pennsylvania law that required women seeking abortions to inform their husbands.

Alito argued that the Pennsylvania law's restrictions should have been upheld, saying "the Pennsylvania Legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands' knowledge because of perceived problems -- such as economic constraints, future plans or the husbands' previously expressed opposition -- that may be obviated by discussion prior to the abortion."

The case went on to the Supreme Court, resulting in a 6-3 decision that reaffirmed Roe v. Wade and struck down the spousal notification provision of the law. But late Chief Justice William Rehnquist, in his dissent, quoted Alito's underlying dissent and said he agreed with his reasoning."

Looks like "Sca-lito" could be the type of candidate the extreme right who just might overturn Roe v. Wade.