November 7, 2005

Court Choice Is Conservative by Nature, Not Ideology - New York Times

Court Choice Is Conservative by Nature, Not Ideology - New York Times

This piece suggests that judge Alito is the kind of person we need on the Court. I note that Senator Biden on the Senate Judiciary committee said that he thinks no filibuster is in store for this nomination. However, another ultra-liberal, Sen. Durbin was less certain

Nevertheless, the left will oppose Alito, if only because the right is so enamored of him.

Time Magazine has this to say:

"Federal Appeals Court Judge Samuel Alito Jr., 55. The Princeton and Yale Law--educated career public servant may have the most solid conservative judicial record of any Supreme Court nominee since Bork. It's more than enough to satisfy most Republicans looking for as close to a sure thing as possible on hot-button issues like abortion, the death penalty and the roles of religion and race in American society. But like John Roberts, the Bush Supreme Court nominee who sailed through confirmation hearings in September, the unassuming, affable Alito is far from the partisan flamethrower Democrats were itching to fight over.

The fact that so many in the legal community, on both sides of the political aisle, laud Alito as a serious, fair legal thinker not given to overarching theories or ideological tantrums is bad enough for the Democrats. And his record of protecting freedom of expression doesn't help matters. Also, it's pretty hard to demonize a man who regularly donned a uniform when coaching Little League and once spent a week of vacation at the Philadelphia Phillies fantasy baseball camp. The White House, says Democratic strategist Joel Johnson, "has accomplished the task of getting beyond the base problem in a way that has not completely lit the opposition on fire." A disappointed Democrat summed up the problem this way: "He's a nice guy, and he doesn't drool."

That doesn't mean some sort of battle won't be waged, especially now that both sides have two months before Alito's confirmation hearings begin in early January. On the contrary. Far from a stealth candidate like Miers, who only a month ago was being praised by Bush for not being from the "judicial monastery," Alito has "more prior judicial experience than any Supreme Court nominee in more than 70 years," as the President noted. Alito's voluminous record, including some 300 opinions, offers a wealth of material for both sides to pick over. Within days of his nomination, his dissent argument for upholding a Pennsylvania law requiring a woman to notify her husband before having an abortion and his opinion supporting a city hall religious-holiday display had become some of the reasons to set up the barricades."

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