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Tuesday, November 22, 2005 

No to the Alito Attack Ad

Fox News is refusing to air an ad critical of Supreme Court nominee Samuel Alito, citing its lawyers' contention that the spot is factually incorrect.

I love it. I love anything that throws a wrench in the smear campaign of People for the American Way, Alliance for Justice, or any of their ilk. The story explains...
The ad says that as an appellate court judge, Alito has "ruled to make it easier for corporations to discriminate ... even voted to approve strip search of a 10-year-old girl."
Oh, yeah. Judge Alito was so in favor of that young girl being strip searched. He was gleeful about the idea, because persecution of any type causes endorphins to be released from his evil, Republican brain. Whatever.

Judge Alito made a ruling on the scope of a search warrant based on the language in the warrant. He said how horrible the results were (although it was only a visual search and was done in the presence of the girl's mother), but he was bound to rule with the law, not with what made him happy. Maybe PFAW would prefer drug dealers using small children as mules to carry and keep their drugs. That couldn't have any negative results at all.

Fox asked that the groups change their ad and remove the misleading information from it.
Asked about changing the ad in response to Fox's request, Jordan said, "Roger Ailes doesn't get to edit our ads." Ailes is chairman of Fox News.
Yeah and he can not run it too. This is the frustrating part of judicial nominations. PFAW can run an ad with a soundbite that portrays a judge as a horrible, inhuman monster. The dopey members of the public will believe it, and the political stooges will latch onto the talking points. Cases are never that simple though. There are restrictions that are placed on judges regarding how they rule and what results they can provide. Going beyond these restrictions is abuse of judicial power. Then, judges become a super-legislature that get to enforce their policy desires without looking to the Constitution or (at the lower court level) precedent.

This is just the start too. It's going to be a long time until Janurary 9th...

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