Alito will surely be confirmed quite easily. The hot button issue, once again, is abortion.

At the circuit court level, Alito wanted to uphold "spousal notification" in the Casey case. Pennsylvania wanted to limit or qualify access to abortion in various ways; one was to require that a married woman seeking an abortion sign a statement to the effect that she had notified her husband; there were various exemptions, including cases where she was afraid of him. When the case got to the Supreme Court, spousal notification was the only restriction the majority, led by Sandra O'Connor did not uphold.

Does this mean Alito was itching to strike down Roe v. Wade altogether, but he limited himself to a lesser goal because he knew the Supreme Court would make another binding decision? Or is Alito in fact quite close to O'Connor?

Perhaps the peak of judiciousness has been achieved by Julian Sanchez, here and here.

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