My Christmas Present
My Christmas present this year will be the confirmation of Judge Alito. I plan on turning this blog into "Eminent Domain Presents: The Alito Confirmation War Room" in the next week or so. Normally, I would just sit back, let things unfold, and comment occasionally, as I did with the Roberts confirmation process. However, it has become clear in even the past day that there are going to be a lot of lies spread about Judge Alito. There are going to be gross misrepresentations of his opinions.
In the past day, I've read some incredible stuff. I'm already sick of the Scalito nickname. Anyone who has actually read more than a handful of opinions by both men knows that they are very different in approach and philosophy. Prof. Althouse has an opinion piece in the New York Times today attacking the intellectual laziness of the Scalito label (Note: yes, I am breaking my "No NYT Links" rule, but this is worth it).
I've read some doofus lecture Judge Alito about Casey, deriding him for not considering the possibility of an abused wife not wanting to notify her husband about an abortion. What this legal scholar failed to do is actually read the damn case.
I've read the Milwaukee Journal Sentinel complain that this nomination will not unite America. That's just stupid. I'm pretty knowledgeable about the past 4 decades of the Court. I may be missing something, but I don't seem to remember any nominees that united the country in a renewed spirit of togetherness. Justices can do a lot, but that's asking too much. The editors should've just said that they don't like Judge Alito, because that's what they meant.
And what about the Senate Democrats? What did they do today? A political stunt. An attempt to save their short-lived, dying momentum. Here's how stupid the Democrats are... they might actually filibuster Judge Alito. That would be the worst move that they could make. Senator Frist is already pissed off at them, and Republican members of the Gang of 14 have already declared their support for a filibuster rule change if it comes to that. This Gang of 14 thing is dead. This isn't the Blues Brothers; you're not getting this band back together.
Here's how it plays out. Democrats filibuster Judge Alito. Republicans invoke a rule change, and Alito is confirmed. Now the filibuster of judicial nominees is totally off the table. If President Bush gets another Supreme Court vacancy or two (Justices Stevens and Ginsburg, I'm looking in your direction), they walk through as long as the Republicans have a majority in the Senate. Those nominees become Votes 5 and 6 for a solid conservative majority that won't be going anywhere for a long time. If the Democrats were smart, they would be fighting like hell to win elections in the Senate and preserving that judicial filibuster as long as possible. But they aren't, so they probably won't.
Judge Alito will be Justice Alito within two months time. I'd throw money down on that in Vegas without batting an eye.
In the past day, I've read some incredible stuff. I'm already sick of the Scalito nickname. Anyone who has actually read more than a handful of opinions by both men knows that they are very different in approach and philosophy. Prof. Althouse has an opinion piece in the New York Times today attacking the intellectual laziness of the Scalito label (Note: yes, I am breaking my "No NYT Links" rule, but this is worth it).
I've read some doofus lecture Judge Alito about Casey, deriding him for not considering the possibility of an abused wife not wanting to notify her husband about an abortion. What this legal scholar failed to do is actually read the damn case.
The woman has the option of providing an alternative signed statement certifying that her husband is not the man who impregnated her; that her husband could not be located; that the pregnancy is the result of spousal sexual assault which she reported; or that the woman believes that notifying her husband will cause him or someone else to inflict bodily injury upon her.There is an exception for that in the law. There is an exception for fathers that cannot be contacted. There are exceptions. By the way, the sainted Justice O'Connor struck down this portion of the law too. You didn't come up with some incredible piece of insight. You just showed your ignorance and laziness.
I've read the Milwaukee Journal Sentinel complain that this nomination will not unite America. That's just stupid. I'm pretty knowledgeable about the past 4 decades of the Court. I may be missing something, but I don't seem to remember any nominees that united the country in a renewed spirit of togetherness. Justices can do a lot, but that's asking too much. The editors should've just said that they don't like Judge Alito, because that's what they meant.
And what about the Senate Democrats? What did they do today? A political stunt. An attempt to save their short-lived, dying momentum. Here's how stupid the Democrats are... they might actually filibuster Judge Alito. That would be the worst move that they could make. Senator Frist is already pissed off at them, and Republican members of the Gang of 14 have already declared their support for a filibuster rule change if it comes to that. This Gang of 14 thing is dead. This isn't the Blues Brothers; you're not getting this band back together.
Here's how it plays out. Democrats filibuster Judge Alito. Republicans invoke a rule change, and Alito is confirmed. Now the filibuster of judicial nominees is totally off the table. If President Bush gets another Supreme Court vacancy or two (Justices Stevens and Ginsburg, I'm looking in your direction), they walk through as long as the Republicans have a majority in the Senate. Those nominees become Votes 5 and 6 for a solid conservative majority that won't be going anywhere for a long time. If the Democrats were smart, they would be fighting like hell to win elections in the Senate and preserving that judicial filibuster as long as possible. But they aren't, so they probably won't.
Judge Alito will be Justice Alito within two months time. I'd throw money down on that in Vegas without batting an eye.
