Monday, October 31, 2005

Trick? Or Treat?

From CNN article:
President Bush today announced he is nominating 3rd Circuit Appeals Court Judge Samuel Alito to the U.S. Supreme Court to replace retiring Justice Sandra Day O'Connor. "Judge Alito is one of the most accomplished and respected judges in America," Bush said. Legal experts consider Alito so ideologically similar to Justice Antonin Scalia that he has earned the nickname "Scalito."

6 Comments:

At 31/10/05 9:46 AM, Blogger ze roberto said...

Hmmm... well, no one can attack Alito on his lack of credentials, that's for sure. His support for placing constraints on abortion rights is worrying, especially as he would be taking O'Connor's swing seat. Sen. Reid has threatened to filibuster, but Sen. Graham has already countered that he would not support such an action and may in fact vote for a Senate rule change to end filibusters if the Dems tried it. So, do the Dems risk it and maybe lose their last viable weapon to fight a GOP steamroller in the Senate? Is Alito that bad? Hard to say. But, when ultra-conservatives like Gary Bauer are happy, I'm worried.

 
At 31/10/05 10:34 AM, Blogger Pete said...

Yup, the only reason (known at this point) to oppose/filibuster Alito is how he's probably going to vote on cases. Which is probably not going to be pleasant. But its philosophical, and the GOP won the election. The electorate will reap what they sow, for about 20 years.

He's basically Scalia. However, he's certainly qualified. He's not one of the stupid or crazy potential nominees. Nor is he someone put on the federal bench for a few days before his nomination to "get qualified" because someone wanted a right-wing puppet ideologue on the Court (read Thomas). I doubt the Dems will filibuster. I'm sure they'd lose enough "moderates" to defeat it anyway. And it would revive the GOP's favorite "no idea obstructionists" mantra, just in time for 2006.

This certainly takes the court to the right (Roberts for Rhenquist was a push), and there is a partial-birth abortion case in the pipeline in the 9th Circuit (watched the oral argument on CSPAN on Saturday - yes, I'm a dork). It has no provision in it for the life of the mother (if I remember correctly) and bans what is apparently considered by many OB-GYNs to be the safest method of abortion.

Sorry ladies.

 
At 31/10/05 1:36 PM, Blogger Sean said...

Wouldn't that have to be "sorry pro-choice ladies"?

 
At 31/10/05 2:16 PM, Blogger Pete said...

I suspect the number of "pro choice" ladies becomes nearly equivalent to the number of ladies who find out they are unwantedly (word?) pregnant in a big hurry.

What's that old proverb about there being no atheists in a foxhole?

 
At 31/10/05 7:34 PM, Blogger ze roberto said...

Here's some more info on 'Scalito' (anyone else getting a little "Carlito's Way" flashback? ... "f*&cking diapers, man") from the NY Times (quoting the AP):

"Unlike Chief Justice John G. Roberts Jr. or Ms. Miers, Judge Alito has judicial records indicating at least a narrower view of the Constitution's protection for abortion rights than positions taken by Justice O'Connor.

In a report on his record, The Associated Press noted that Judge Alito was the lone dissenter in the 1991 case of Planned Parenthood v. Casey, which struck down a Pennsylvania law with a provision requiring women seeking abortions to notify their spouses.

In 2000, he joined the majority that found a New Jersey law banning late-term abortions unconstitutional, and said the Supreme Court required such a ban to include an exception if the mother's health was endangered."

 
At 2/11/05 10:41 AM, Blogger Carolyn P said...

Its not just the ladies who should be afraid of this guy. He also tried to rule that FMLA (Family Medical Leave Act) was unconstitutional. Fortunately, the moderate Supreme Court overturned his ruling. I'm not a lawyer, but I don't see what part of the constitution such a law violates. Of course, what kind of pansy needs unpaid time to take care of their babies or sick parents?
And as far as abortion goes, I'm not opposed to some restrictions, but why should it be a law that a woman needs to notify her spouse? That's the government getting into areas they have no business being in. Not that I don't think a wife should discuss something as important as an abortion with her spouse, but the government has no business mandating such a conversation.
And, while I agree that the people who elected these ass clowns should have to live with the consequences, what about the rest of us?

 

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