Really, really, really (pdf) bad news. The run-down:
The Bad
-Alito joined the Third Circuit majority opinion in Planned Parenthood v. Casey, which severely limited the right to abortion. But Alito went a step further than the rest of the court, asserting that it would be proper to require women to notify their husbands before they were allowed to have abortions. The Supreme Court, thankfully, ruled that “Women do not lose their constitutionally protected liberty when they marry.”
-Alito distanced himself from previous Supreme Court views on undue burden, writing that “an undue burden may not be established simply by showing that a law will have a heavy impact on a few women but that instead a broader inhibiting effect must be shown.” So if a particular requirement which infringes on the right to privacy — husband notification for abortion, for example — only has a detrimental effect on some women, that isn’t a good enough reason to disallow it.
-In 2000, Alito wrote an opinion which held that the Family Medical Leave Act was an instance of unconstitutional Congressional over-reach. Why? Because, he says, women are not disadvanted in the workplace by not being allowed to take family medical leave. Even Rehnquist disagreed with him on that point. (More at Angry Bear; thanks to Thomas for the link)
-Held that the Establishment Clause was not violated by a city holiday display which featured a menorah, a creche, Santa Claus, and other religious and secular holiday symbols.
-Opined that it’s a-ok for police officers to strip search 10-year-old girls.
-Alito helped write a Justice Department report supporting the “right” of employers to fire HIV-positive employees.
The Good
-Alito was in the majority in striking down the so-called “partial-birth” abortion ban in New Jersey, because the ban didn’t allow an exemption for the pregnant woman’s health. It should be noted here, though, that the Third Circuit was required by Supreme Court precedent to strike down any abortion ban that doesn’t allow a life/health exception.
-Alito wrote the unamimous opinion that the New Jersey police force had acted innappropriately in firing two Muslim officers for refusing to shave their beards.
-“A majority opinion in Fatin v. INS, 12 F.3d 1233 (3d Cir. 1993), holding that an Iranian woman seeking asylum could establish that she had a well founded fear of persecution in Iran if she could show that compliance with that country’s “gender specific laws and repressive social norms,” such as the requirement that women wear a veil in public, would be deeply abhorrent to her. Judge Alito also held that she could establish eligibility for asylum by showing that she would be persecuted because of gender, belief in feminism, or membership in a feminist group.” (via SCOTUSblog, by way of Protein Wisdom).
-Struck down a public school anti-harassment policy which included non-vulgar speech which didn’t interrupt school work (Some readers will likely have an issue with me putting this in the “good” section; while I think anti-harassment policies are appropriate, I do have a problem with them when they fully cross First Amendment lines, as this one did).
What it comes down to is this: Alito isn’t an “originalist.” He’s a conservative activist, willing to bend the law to favor his viewpoint. Of course, as much as the right-wing bitches and moans about “activist judges,” it’s kinda fun to see who actually legislates from the bench, isn’t it?
As more information about Alito comes to light, I’m sure this post will be updated.
For more on Alito (this list will be updated):
SCOTUSblog
Culture Kitchen
Pandagon (so many posts on him, I can’t decide which to link to — just scroll!)
Rox Populi
Lawyers, Guns and Money. Twice.
Shakespeare’s Sister
Agitprop
TBogg
The Rude Pundit
Think Progress