Judges: Alito unlikely to overturn Roe
(AP)
Updated: 2005-11-03 20:48

The 3rd Circuit, which handles cases from Pennsylvania, Delaware, New Jersey and the Virgin Islands, has emerged in recent years as a foothold for liberal decisions involving some civil liberties and employment discrimination, setting noteworthy precedents involving privacy rights as well as free expression on the Internet.

Alito, 55, has been the lone dissenter on a number of cases, including a 1991 decision striking down a Pennsylvania spousal notification law for abortions. He also has sought greater states' rights, fewer death penalty appeals and limits on employment discrimination suits.

The 14-member court has long been regarded by law professors as more moderate and fact-driven, in contrast to strident ideology found on bitterly divided courts such as the Richmond-based 4th Circuit and San Francisco-based 9th Circuit.

Some of Alito's colleagues say one reason is the modesty and collegiality of Alito.

"The entire court is thrilled with the appointment," said Chief Judge Anthony Scirica, a Reagan appointee. "Whatever quality you think a judge ought to have, whether it's scholarship or an ability to deliberate or fairness or temperance, Sam has each of these to a highest degree."