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Eminent Domain Stuff


New London Update (2/24/06)
Bad NLDC!
Coverage of the Rally at New London's City Hall (w/ pics)

Monday, October 31, 2005

 

Alito

I don't know much about him, but if Pattrico is right, I think he's a great choice. Here's what he wrote in his dissent in Planned Parenthood v. Casey

Whether the legislature’s approach represents sound public policy is not a question for us to decide. Our task here is simply to decide whether Section 3209 meets constitutional standards.
That sounds like a guy who understands the limited role of the judiciary — wouldn’t you say?
[...]
Although the plaintiffs and supporting amici argue that Section 3209 will do little if any good and will produce appreciable adverse effects, the Pennsylvania legislature presumably decided that the law on balance would be beneficial. We have no authority to overrule that legislative judgment even if we deem it “unwise” or worse. U.S. Railroad Retirement Board v. Fritz, 449 U.S. at 175, 101 S.Ct. at 459. “We should not forget that ‘legislatures are ultimate guardians of the liberty and welfare of the people in quite as great a degree as the courts.’” Akron v. Akron Center For Reproductive Health, 462 U.S. at 465, 103 S.Ct. at 2511 (O’Connor, J., dissenting), quoting Missouri, K. & T.R. Co. v. May, 194 U.S. 267, 270, 24 S.Ct. 638, 639, 48 L.Ed. 971 (1904).
Beautiful.
Agreed.

[emphasis in the original]

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