Factcheck.org on Alito

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Factcheck.org tackles an anti-Alito ad making three misleading claims. The three issues are the strip-search case that I've mentioned before, his statement 20 years ago that the Constitution doesn't prevent the right to abortion, and discrimination case that didn't have enough evidence to demonstrate deliberate discrimination, which is all the law can do anything about. I have to wonder if their writeup is correct in its description, though. They say there's a lot of background that would lead many people to interpret the facts in a more positive way, but they say the claims of the ad are technically true. Are they?

If someone presents a judge's decision as ruling to approve X, when he finds X legal but morally reprehensible, I think it's simply a false claim. He's not voting to approve it if he thinks it's morally wrong. He might be voting to allow it. What's more accurate is that he was voting to rule that the law allows it. Saying that he voted to approve it is just not true. More obviously, if they present him as having voted to make X easier, and all his vote would have accomplished if it had been successful was to retain the status quo, then the claim is false. He didn't vote to make it easier. Furthermore, it sounds like a purpose statement, and that statement of purpose is false if he didn't intend to make discrimination easier, which his opinion shows he didn't. Only the abortion statement is technically true. Both other claims are not just misleading but outright false.

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