Saturday, November 05, 2005

Ridiculously False Attack on Alito

Are the predicted attacks on Supreme Court nominee, Judge Samuel Alito: (a) pure stupidity; (b) pure viciousness; or, (c) a mixture of stupidity and viciousness?

From Patterico's Pontifications - Why Does William Saletan Treat Women Like Girls?

Note: this post will make a lot more sense if you first read this.


Mr. Saletan, it’s a pleasure to have you before our new Commission for the Regulation of American Pundits. (I understand your objection to the acronym; maybe we should have thought of that when we came up with the name.) In any event, we appreciate your agreeing to sit down with us and defend your recent hatchet job — I’m sorry, but there’s no other way to describe it — on Judge Alito’s dissent in Casey.


I want to start by saying that many people have praised you as a fair-minded guy, at least at times. So I’m really hoping that you can answer this question for me, because it’s really caused us some concern down here at C.R.A.P. What we want to know is, well, really it’s two things. First, why do you think that grown women are emotionally weaker than girls? And second, why did you try to distort Judge Alito’s record by implying that he thinks that, when you are the one who seems to hold that view?


I’m referring, of course, to this piece that you recently wrote in Slate, where you pretended to be a U.S. Senator quizzing Judge Alito, using a folksy, conversational tone — why, kind of like the one I’m using with you here today.


Now, here’s the part I don’t get, Mr. Saletan. You criticized Judge Alito for analyzing a spousal notification provision by referring to two previous Supreme Court decisions: Hodgson v. Minnesota and H.L. v. Matheson. You quoted Judge Alito’s opinion, which said:


Justice O’Connor’s opinions disclose that the practical effect of a law will not amount to an undue burden unless the effect is greater than the burden imposed on minors seeking abortions in Hodgson or Matheson.


And then you said to Judge Alito:


And you uphold the spousal notice law because its burden doesn’t exceed the burdens in those other cases.


Now, here’s my question, Judge. Do you really think an undue burden for a grown woman is the same as an undue burden for a teenager? Do you think a woman deserves no more deference than a girl?


That seems to be the gist of your opinion here.


(That’s my emphasis there, Mr. Saletan.)


I guess my real problem here, Mr. Saletan, is your question: “Do you really think an undue burden for a grown woman is the same as an undue burden for a teenager?” I have two problems with it, really. My first problem is that it’s a completely cheap shot. No really — you’ll get your chance to respond — but it is, sir. It is. We’ll talk about why in a second. And my second problem, Mr. Saletan, is that even if we take your cheap-shot question seriously, you have the logic exactly backwards.[…] [My ellipses. Patterico's emphasis.]