War Against Alito Heats Up
David Broder of the Washinton Post, makes sure to use the right words in his editorial piece, "Alito's Challenge". He makes sure with quotes like this from a law professor, that people are convinced Alito is an extreme right wing judge:
To me, this is a great thing. Constitutional law, a long time ago, interpreted the Constitution, it didn't invent rights based on theory, international law, or social feelings. A long time ago law was looked on as the bedrock for society, and we all know bedrock isn't supposed to move on a whim.University of Chicago law professor Cass Sunstein, for example, concluded a study of Alito's dissents with the observation that "there is a good chance that Alito will be with Justices [Antonin] Scalia and [Clarence] Thomas in their attempts to move constitutional law in some respects to what it was a long time ago."
The Chicago Tribune editorial, "Tackling a Judges Ideology" goes after Alito for not having a consistent enough judicial philosophy.
That's kind of a different way of attacking someone, calling them biased because they can't find a philosophy, which in itself would be called biased.Senators often speak of "judicial philosophy" with some suspicion, preferring judges who claim to be blank slates without any preconceived views. However, a justice should have a coherent judicial philosophy, particularly after 15 years on the federal bench like Alito. Blind deference is not a form of judicial philosophy; it is a form of judicial bias.
I'm sure over the next week, as the Senate hearings go on, we'll get more wind from the editorial boards across the country. Every answer given will be disected for the slightest hint that the last vestigages of the Warren Court days could be over. (Update: That started with Monday's papers, before the hearing began)
Alito appears to be the left's biggest nightmare, he's never attacked any of their pet projects in full, and head on. Instead, he's attacked the surrounding ideas on many of them, in a way that is hard to pin down, and generally consistent with law, not social effect.
Other Washington Post Coverage Today: A Search for Order, Alito Advocacy,
Technorati Tags: Alito,Opinion,Court
4Comments:
No, I don't doubt he'll be confirmed, though I think with Kennedy and others editorializing on it they are trying to pressure a few Republican's into voting against him.
Reid is also looking for a delay between the committee hearings and full senate vote, just to slow things down.
I hope that Reid's and Kennedy's etc. worst nightmare comes true.
They have been a nightmare to the American people for long enough.
Since I know Alito will probably pass I find this all amusing. Lets see how red in the face Kennedy and Schumer can get asking idiotic questions to a man like Alito? Should be enjoyable. Just like watching Condi put people in their place without losing it herself. Gotta love it :-).
I watched the Roberts hearings and almost felt sorry for them. They were completely intellectually overmatched. I don't think Alito will be any more fun for them.
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