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November 01, 2005

A Little Common Sense?

The more I read about Supreme Court nominee Alito, the more I like him. For example, there's this from his opinion in Waterman v. Farmer:

Moreover, a time-honored principle of constitutional law reminds us that judicial second-guessing of a legislature's motives is "generally unwarranted" "absent some reason to infer antipathy." Vance v. Bradley , 440 U.S. 93, 97 (1979).

Refreshing, no? Waterman is an interesting little case in which the appeals court upheld a state's statute barring convicted pedophiles' access to pr0n while they are undergoing treatment. The lower court had found there was no rational basis for the statute, because experts don't agree on the effects of pr0n on those inmates' treatment. As the appeals court noted, that was not what they were supposed to look at.

The District Court applied the wrong standard, replacing the New Jersey legislature's policy decisions with its own "more reasonable" judgment. In so doing, the Court failed to accord the legislature's judgment the deference to which it is entitled.

In other words, the District Court was legislating from the bench. A practice of which apparently Alito does not approve.

Interesting.

Posted by Rita at November 1, 2005 05:26 AM

Comments

A Jersey Guy! I believe he appeared before the Third Circuit when I was a law clerk there. Smart guy, who is more than qualified for the seat, but that doesn't seem to matter to Chuck Schumer et al.

Posted by: Jim - PRS at November 1, 2005 07:16 AM

Ah well Chuckie wouldn't know a good judge if one bit him on the ass.

Posted by: Rita [TypeKey Profile Page] at November 1, 2005 10:10 AM