JUST TELL US THE RESULT YOU WANT AND WE'LL FIGURE OUT WHY WE HAVE TO RULE THAT WAY:

Trick and Treat: Sammy Alito is the whole bag of goodies. (Dahlia Lithwick, Oct. 31, 2005, Slate)

You'll hear a lot about some of Alito's other decisions in the coming days, including his vote to limit Congress' power to ban even machine-gun possession, and his ruling that broadened police search powers to include the right to strip-search a drug dealer's wife and 10-year-old daughter—although they were not mentioned in the search warrant. He upheld a Christmas display against an Establishment Clause challenge. His prior rulings show that he would raise the barriers for victims of sex discrimination to seek redress in the courts. He would change the standard for analyzing race discrimination claims to such an extent that his colleagues on the court of appeals fretted that Title VII of the Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex, or national origin, would be "eviscerated" under his view of the law. He sought to narrow the Family and Medical Leave Act such that states would be immune from suit—a position the Supreme Court later rejected. In an antitrust case involving the Scotch tape giant 3M, he took a position described by a colleague as likely to weaken a provision of the Sherman Antitrust Act to "the point of impotence."

And there's a whole lot more where that came from.

Best of all for Bush's base, Alito is the kind of "restrained" jurist who isn't above striking down acts of Congress whenever they offend him. Bush noted this morning: "He has a deep understanding of the proper role of judges in our society. He understands that judges are to interpret the laws, not to impose their preferences or priorities on the people."

Except, of course, that Alito doesn't think Congress has the power to regulate machine-gun possession, or to broadly enforce the Family and Medical Leave Act, or to enact race or gender discrimination laws that might be effective in remedying race and gender discrimination, or to tackle monopolists. Alito thus neatly joins the ranks of right-wing activists in the battle to limit the power of Congress and diminish the efficacy of the judiciary. In that sense Bush has pulled off the perfect Halloween maneuver: He's managed the trick of getting his sticky scandals off the front pages, and the treat of a right-wing activist dressed up as a constitutional minimalist.

Ms Lithwick is smart enought to know that the Right requires someone more activist than William Brennan but who can dress his results-oriented jurisprudence up in highfalutin' enough lingo that he seems reticent.

Posted by Orrin Judd at November 1, 2005 1:39 PM