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Monday, October 31, 2005 

Alito

Wow, early morning announcement. I was still asleep when it actually happened, and I had set my alarm to get up for it (assuming it would be 9 AM EST). To echo what I said before, great pick. I'm behind Alito happily and fully. This is the kind of nomination that should've been made a month ago. I guess I'm going to re-read Casey today...

EDIT: Schumer's pissed already. I'm thrilled. This has pissed off all the right people. I can't wait to see the Democrats try to oppose the guy who a hell of a lot of them voted for and praised. This is the nominee and the fight that we've been waiting for.

EDIT 2: Haha, I love Chuck Schumer. He's the gift that keeps on giving. Nice of him to invoke the name of Rosa Parks while slamming Judge Alito. Maybe he could've stood on her coffin and given his speech from there. Demagogue.

This nominee will divide America? That's crap. Even if it was true, since when is it the role of a judicial nomination to unite America? Oh, yeah. I remember the turmoil in America in the 90's. We were at each others' throats, tearing each other apart. Then it happened. Bill Clinton nominated Ruth Bader Ginsburg. The heavens opened, the trumpets blared, and sunshine poured down on the land. America was united, and there was peace in the land.

EVENING EDIT: Confirm Them has a nice example of early slimery committed by a Democrat against Judge Alito. This document is marked "Not for Attribution," which is a nice way to say "the author is a coward and wants to smear anonymously." I'm not a big fan of anonymous attacks against people, and I certainly think that this one is disgusting. Unfortunately, there is probably more to come...

I definately think that Casey will be both his big selling point, and the big attacking point. However, having said that, I still believe that we are at least 1 to maybe 2 Justices away from seeing any major change to Roe and Casey. I think this will be very much the same as Plessy, in the Court wanting a 'true' majority to over turn a precedent, rather than overturning precedent on a 5-4 vote.

Steve ~ I had to go get my picture taken today, looks like they are going to run the article in the Tribune...

Yeah, all eyes are on Casey. I agree that there is no danger of it being overturned, even with Alito on the Court. Scalia and Thomas are the only confirmed votes against it. Roberts is probable but not certain. Alito is more probable but not certain. Kennedy won't go as far as overturning it, but he will strike down partial birth abortion (Stenberg v Carhart).

I think it is more than likely that the Roberts Court will overturn Stenberg once Alito is confirmed. I agree that there will need to be 6 votes to overturn Casey, so that means either 1. replacements for Stevens and Ginsburg or 2. a replacement for one of them and a change of heart by the sometimes unpredictable Kennedy.

I hope you did your best to look insane in your picture for the Trib. Serious pictures are no fun.

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  • From Milwaukee, Wisconsin, United States
  • "There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." P.J. O'Rourke
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