William Saletan’s Right to Wife – Why does Judge Alito treat women like girls? sets out one of what I think will be the three big narratives opponents try to hang on Judge Alito. The other two, of course, will be “he’ll say anything to get a job”, and “lifelong apologist for the Imperial Presidency“. Whether even all three together can get sufficient traction to derail the nomination is not clear to me; it seems unlikely that any can do it alone, but if all three get some traction, it may be an interesting fight.
Recent Bluessky Posts- FL Bar says it erred: "no such pending Bar investigation of Lindsey Halligan...The Florida Bar received a complaint against Lindsey Halligan and, consistent with standard practice, the Bar is monitoring the ongoing legal proceedings underlying the complaint.” news.bloomberglaw.com/product/blaw... March 6, 2026 Michael Froomkin
- Jotwell Legal Profession: Rebecca Roiphe, Be Careful What You Wish For: How Conservative Groups Learned from Liberal Cause Lawyers, JOTWELL (March 6, 2026), legalpro.jotwell.com/be-careful-w.... March 6, 2026 Jotwell
- The Florida process for resolving bar complaints is very slow unless dismissed immediately, so don't hold your breath for the results in this bar complaint against Lindsey Halligan. www.nytimes.com/2026/03/05/u... March 5, 2026 Michael Froomkin
- I would love to see this data disaggregated by US state. Not surprised though to see French people have a lower view of each other than the rest of Western Europe. Although whether that is due to suspicious natures or sus behavior is less obvious. March 5, 2026 Michael Froomkin
- excellent deep dive into all of the ways that the Trump administration has used the federal budget to keep punishing critics and trying to bend them to his will. FWIW, this is precisely how Viktor Orban crushed the opposition in Hungary 15 years ago. The national budget is a powerful weapon. March 5, 2026 Kim Lane Scheppele
Saletan writes:
“First of all, Judge, I notice that in your concluding footnote to that case, you mentioned that the plaintiffs had asked your court to hold the statute unconstitutional because it “violates the rights to marital and informational privacy and equal protection.” You wrote that you wouldn’t address those arguments because your colleagues had relied on a different argument, the right to abortion.”
Is this true?
1. The State of Pennsylvania enacts a statute.
2. Some plaintiffs go to federal court alleging that the statute is unconstitutional on grounds A,B, and C.
3. The majority of the court agrees with the plaintiffs on ground C (or possibly D), and strikes out the law.
4. Judge Alito disagrees on ground C or D, and therefore votes to maintain the law. He ignores completely grounds A and B.
To a non-lawyer, it looks like scarcely credible judicial negligence.