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 DEPARTMENTS | "Snakepit" February 11, 2006

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SUPREME COURT The Senate approved the nomination of Samuel A. Alito Jr. to the U.S. Supreme Court, 58-42. Four Democrats and all but one Republican voted for the 55-year-old circuit court judge one day after lawmakers shut down a move by Massachusetts Democrats Ted Kennedy and John Kerry to filibuster his nomination. The Jan. 31 confirmation allowed Justice Alito to join his new colleagues hours later in the well of the House for the president's State of the Union address and to participate in his first case, voting with the majority to allow a lower-court stay of execution in the case of Missouri death-row inmate Michael Taylor.

ABORTION Justice Alito soon may be tested on a controversial abortion ruling after two federal appeals courts declared Congress' partial-birth abortion ban unconstitutional Jan. 31, likely forcing the issue back to the high court. Following a Jan. 17 Supreme Court ruling that narrowly upheld New Hampshire's ban on partial-birth abortion, appeals courts in San Francisco and New York said the federal law was flawed because it failed to provide an exception when the health of a mother was at stake.

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February 11, 2006, Vol. 21, No. 6

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