Dissented from a decision holding that Pennsylvania could not require women to inform their husbands before getting abortions. Alito argued that because the law only required the husbands to have notice and did not give them a veto over their wives' decisions, it did not pose an "undue burden" for women. This approach was rejected by the Supreme Court. (PlannedParenthood v. Casey, 1991)
Agreed that an immigration judge was within his discretion to find not credible an application for asylum based on China's forced-abortion policy. (Xue-Jie Chen v. Ashcroft, 2004)
Editors' Note, July 1, 2005: When this piece originally appeared in Slate on June 24, 2005, the lead paragraph focused on the likely resignation of Chief Justice William Rehnquist. We have now changed three sentences of the opening paragraph.