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Wednesday, November 02, 2005 

Alito Attack Du Jour

The latest avenue of attack on Judge Alito is his view of the Family Medical Leave Act (FMLA). The always loud, never right Barbara Boxer misrepresented Alito's position, and liberal websites have been spreading those lies all day. Fortunately for me, there have already been two well drafted responses to these critics. I really did not want to pound out a post about sovereign immunity, because that would've demanded much more research than I feel like doing. I have homework to do tonight.

Former Scalia clerk Ed Whelan's analysis is here. He highlights Alito's view (and the view of the rest of the panel) of the FMLA as being a consistent application of Supreme Court precedent and in agreement with three of the other circuits. But whoa! Alito's an extremist, right?

Prof. Althouse, who has published work on this topic, has a two part analysis and rebuttal. She's no partisan. She's just a legal scholar that can't stand political hacks lying about a judge's position. She does an excellent job of explaining the issue in a way that is accessible to non-legal people (which includes many of you leveling these attacks).

Just face the facts. Judge Alito is going to be confirmed. Democratic Senator Ben Nelson praised him glowingly after their meeting today. You know Nelson, right? Gang of 14 Nelson? Yeah, that's him. Power Line points out, as I did yesterday, that the Gang is through. Almost half of them have peeled off already, expressing positive feelings towards the Alito nomination. More will come too. Alito's going to charm the hell out of them, then charm the votes out of them. And when he gets confirmed, I'll be dancing like Jack Roberts.

EDIT: Get your Alito gear here.

EDIT AGAIN: Alito yard sign, buttons, and stickers are on the way.

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  • I'm Steve
  • 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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