October 31, 2005


Why Bush Picked Alito (MIKE ALLEN, 10/31/05, TIME)

With nomination of Harriet Miers, who had little experience with constitutional law, Bush went for advice that he pick someone from outside the "judicial monastery." This time, the President went with one of the high priests. As assistant to the solicitor general under President Ronald Reagan, Alito argued 12 cases before the Supremes, and has presented at least two dozen before federal courts of appeal. And while a limited paper trail was one of the Democrats' few quibbles with the record of Judge John Roberts as he was being considered for chief justice, Alito has a four-lane highway of writings: opinions on the Commerce Clause; the First Amendment (free speech, establishment clause and free exercise clause); the Fourth, Eighth and Eleventh amendments; and the Fourteenth Amendment (procedural due process and substantive due process). Oh, and then there are his writings on administrative law, criminal law, immigration, the False Claims Act, the Freedom of Information Act, and securities and prison litigation.

The nomination will be seen as a sop to conservatives, but they are thrilled to take it.

Can Dems Say 'Finito' to 'Scalito'? (David Corn, 10/31/05, The Nation)
There is no question that Alito is qualified, in that he has been an assistant solicitor general, a deputy assistant US attorney general, a US attorney and an appeals court judge. He is reputedly intelligent and scholarly. There will be no major disagreement over document releases; there are fifteen years of appeals court decisions for his friends and foes to scrutinize. That leaves the Democrats one avenue of attack: Alito would be bad for America.

The liberal Democratic senators and the progressive groups are already trying to affix a big red "E" to Alito's robe--that's "E" for "Extremist"--and pointing out how conservative he has been on the Third Circuit Court of Appeals.

Posted by Orrin Judd at October 31, 2005 4:52 PM

"That leaves the Democrats one avenue of attack: Alito would be bad for America." Go for it, David. Please.

Posted by: Luciferous at October 31, 2005 5:32 PM

once again GWB has the dem's bent over a bunk, with their trousers down.

Posted by: george michaels at October 31, 2005 6:27 PM

More like wrapped around an axle with their heads no longer visible.

Posted by: ghostcat at October 31, 2005 7:02 PM

Why? Like Hillbilly said: Because I could!

Posted by: obc at October 31, 2005 8:38 PM

All great comments! Especially the one about the bunk.

Those people are so screwed, and the best part is that there's nothing they can do about it. The hearings will be music: the Grand March from Aida for us and the Entrance March of the Gladiators for them.

Posted by: Lou Gots at October 31, 2005 9:07 PM