Alito and Casey

Carol Platt Liebau gives her take on Judge Alito's dissent on Casey.

Even from this account of the Supreme Court deliberations in Casey, it's clear that Judge Alito's opinion was hardly bizarre or out of the mainstream. In fact, if Justice Kennedy had stuck by his original vote, Judge Alito's position would have been that of the Supreme Court. Given that fact, it's (predictably) both inaccurate and misleading for the left to act as though Judge Alito's decision was clearly and obviously out of bounds, when in reality, the entire Casey opinion ended up being governed by Justice Kennedy's last minute change of heart.