20060128

What Does an Alito Confirmation Mean for America?

Well the tea leaves are starting to become clear. Unless there is some change I guess America is just going to have to batten down the hatches and get ready for Supreme Court decisions that include the opinion of a new Supreme Court Justice by the name of Alito.

What does this mean for America?

Proponents of Alito seem to have gotten wrapped around the axle on the issue of abortion. Problem is that Alito is not going to rule on this one issue and then submit his resignation. He is going to be sitting in that position for a good long while and he is going to have the opportunity to rule on a host of other issues.

Where do I see the threat? Let us look into the future by looking at the recent past. Let us examine the recent "Death with Dignity" Supreme Court decision.

By a 6 to 3 decision the Supreme Court voted in support of Oregon's "Death with Dignity" laws. Note which justices dissented. Scalia, Thomas and the newest addition Roberts. You can be pretty certain that if Alito had a seat on the bench he would have voted with these three. With Alito the margin would have been 5 to 4, only one vote shy of an altogether different result.

What horror do I see in such a different result? I like the "Death with Dignity" option. If I lived in Oregon and were presented with a medical diagnosis that called into question my continuing life I would feel empowered to try some of the radical medical treatments my doctor might propose. For you see, I do not want to become a burden upon my family. While I might be motivated to continue my life because I can still be, if "cured", of some value to my family, I do not want to continue my struggle for life at the expense of my family. Somewhere in the equation of my willingness to struggle on the factor of my own personal misery fits in. Since I do not live in Oregon, I do not have the luxury of "Death with Dignity" laws, although I wish I was granted this option. I am hoping this option spreads from Oregon to my state.

Why? Because I do not want to be forced to prematurely have to exercise my option to end my own life in a messy way when presented with a gloomy diagnosis. While I might be willing to endure medical procedures that promise misery with slim hope and I might be motivated to struggle on while hope remains, I am unwilling to undergo these procedures if somewhere along the line I do not have the choice to cut my monetary loses and end my personal misery. I might be forced, because I do not live in Oregon, to exercise my right to "keep and bear arms" beforehand, go into my back yard, and put a gun to my head. I'd do it in the back yard to keep the mess to a minimum.

If I lived in Oregon I would remain in charge. Even if the medical procedure left me too weak to put a gun to my head and pull the trigger, I would still have the choice of saying "Enough is enough, it is hopeless and the time has come to put this to an end." Why should I be forced to spend what little money I have on my own medical care when hope is lost, the agony is too great, and the attention of medical professionals might be better concentrated on those who still have some hope?

"Justice" Alito would deny me this wonderful alternative. Instead I will be forced to weigh the odds ahead of time, and if the odds do not look favorable, make a decision before I find out if modern medicine might be able to save me. Before I admit myself to the hospital I have the right to keep and bear arms. They can not stop me from ending my life ahead of time. I am just going to have to make my decision on what I am going to do before I end up in a hospital and my "right to die" is withheld from me. Even if I am suffering from unbearable agony I would be unable to say "enough is enough" and even my own spouse could not assist me in bringing things to an end without being accused of murder.

To me, this is what the likes of Alito sitting in the Supreme Court represents. While I think that there needs to be some reasonable restrictions on abortion, I am unwilling to surrender all my rights to the extreme right wing on all the other issues that will impact me and those whom I love. I would not force Alito to engage in "Death with Dignity" if he chose not to. Why should I be forced to undergo death with agony just because he thinks this is right? He might even deny me the right to see if modern medicine might have been successful because I dare not risk it.

I think "reasonable" restrictions on abortion could be obtained with Justices who hold moderate opinions. I do not think we need to commit ourselves to a Supreme Court where all the justices only represent right wing extremist positions in order to obtain reasonable restrictions.

Scalia, Thomas, Roberts and Alito are not going to rule on abortion and resign. The positions they hold are life long. We are going to hear from them for a long time, and how they rule is going to impact us for years to come.

What is in store for us? Tune into Christian radio and television stations that host Alito's supporters such as Dr Dobson and the Rev Robertson. When you hear what they hope happens keep in mind that this is only the tip of the iceberg. Dr Dobson and Rev Robertson supported the nomination of Harriet Miers and that was not even good enough for those who are now going to get their way. Harriet Miers was not even conservative enough for them. No hint of a moderate viewpoint would be allowed.

According to polls 54% of Americans support the confirmation of Alito. Let us look at the bright side. This means that perhaps 46% of Americans have not yet lost their minds.

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