Archive: Alito's Opinions
Resources and Discussions
Click here for "Alito on Alito," which includes links to some Alito dissents and a lively discussion among readers about the nominee. Click here for further background and links on Alito. Click here for Howard Bashman's daily collection of news articles at How Appealing....
By Fred Barbash | November 2, 2005; 07:06 AM ET | Comments (4)
Alito on Alito
Here is the first of a series of links to specific Alito dissents of possible interest to the public. I offer them because dissents, reflecting individual views rather than the collective views of a panel, tend to allow judges to speak for themselves about the law and their approach to it. In Banks v. Beard, a panel ruled unconstitutional prison rules banning access to newspapers, magazines and other items for certain inmates. Alito dissented. Judge Alito's dissent in C.H. et al v. Grace Oliva et al involves a child who, in fulfilling a Thanksgiving assignment, made a poster saying he was thankful to Jesus. The poster was moved from a location with other children's posters to a less prominent place, allegedly because of its religious theme. The appeals court decision turned on jurisdictional issues, but Alito's comments went to the merits. Judge Alito's concurring opinion in Planned Parenthood v. Farmer...
By Fred Barbash | November 1, 2005; 07:17 AM ET | Comments (70)
Background on Alito
For background on Alito and links to cases click here and here. Additional information will be added as available....
By Fred Barbash | October 31, 2005; 01:24 PM ET | Comments (17)
Bush-Alito Text and Background Material
Here is the text from the White House Web site of the Bush statement and Alito response. Here are links to some Alito dissents and opinions. (This will be updated regularly.) Fraternal Order of Police v. City of Newark Alito, writing for panel, rules that police department violates constitution by allowing officers to wear beards for secular (medical) reasons but not for religious reasons.Chittister v. Department of Community and Economic Development Alito, writing for panel, rules that the Family and Medical Leave Act does not abrogate state immunity under Eleventh Amendment. Employee is thus barred from suing state. U.S. v. RybarMachine guns and the Commerce Clause (dissent) "Was United States v. Lopez...a constitutional freak? Or did it signify that the Commerce Clause still imposes some meaningful limits on congressional power?" Saxe v. State College Area School District, First Amendment and anti-harassment policy. The Pitt News v....
By Fred Barbash | October 31, 2005; 09:05 AM ET | Comments (21)
