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Jonathan Turley explains why Alito must not be confirmed in USAToday op-ed

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flpoljunkie Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 04:12 PM
Original message
Jonathan Turley explains why Alito must not be confirmed in USAToday op-ed
Edited on Wed Jan-11-06 04:46 PM by flpoljunkie
http://usatoday.com/news/opinion/editorials/2006-01-09-...

Troubling times, a Troubling Nominee

By Jonathan Turley

The confirmation hearings for Judge Samuel Alito will focus greatly on his stated opposition to Roe v. Wade. The obsession with abortion in American politics has had an anaerobic effect on past confirmation hearings, sucking the air out of other issues. For Alito, this may have the welcomed effect of obscuring a more troubling question from his past writings and cases: Alito's extreme views of government authority over citizens' rights.

Despite my agreement with Alito on many issues, I believe that he would be a dangerous addition to the court in already dangerous times for our constitutional system. Alito's cases reveal an almost reflexive vote in favor of government, a preference based not on some overriding principle but an overriding party.

In my years as an academic and a litigator, I have rarely seen the equal of Alito's bias in favor of the government. To put it bluntly, when it comes to reviewing government abuse,Samuel Alito is an empty robe.

<>We are down to our last branch, and Alito would supply the final vote to shift the balance of power toward a president claiming the powers of a maximum leader. Alito's writings and opinions show a jurist who is willing to yield tremendous authority to the government and offer little in terms of judicial review — views repeatedly rejected not only by his appellate colleagues but also by the U.S. Supreme Court.


more... But I would argue that repealing Roe is part and parcel of Alito's views of "government authority over citizens' rights"-- in other words, the government will make you carry that child to term, and you have no say so in the matter.
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Turbineguy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 04:20 PM
Response to Original message
1. He simply pushes
the Supreme Court into irrelevance.

You go to court to get a fair hearing on your issue.

What's the point of going if you already know that you will not get a fair hearing?

As far as Roe v Wade goes, people will think up work-arounds.

A country can only go backwards for so long.
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cantstandbush Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 04:21 PM
Response to Original message
2. I hope the Dems and at least a few Rethugs will heed this warning.
It's time to take the Bush administration down a peg. They have been wanton in their use and abuse of Executive power and privilege and as a result our children have died in an unnecessary, illegal and immoral invasion of sovereign nation that never had threatened the US unprovoked.
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pushycat Donating Member (401 posts) Send PM | Profile | Ignore Wed Jan-11-06 05:29 PM
Response to Reply #2
5. Agreed. They've wrecked our economy, our industrial power, our
international standing, and anything else we citizens held dear about our country. These people need to be removed, not voted out, removed and sent to trial at the Hague. Karen Hughes cannot spin away this damage, no matter what that blockhead cooks up.

http://www.federalreserve.gov/releases/h6/discm3.htm

The M3 reports soon-to-be-discontinued by our gov tell us just how bad Greenspan's leadership has been.
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Neil Lisst Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 04:22 PM
Response to Original message
3. Turley is good, and so dead on!
Thanks for posting it.
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tularetom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 04:36 PM
Response to Original message
4. Wonder how Scalito will react
when he is confronted with some action by President Hillary Clinton? Will he still be a supporter of government authority over citizens rights? Suppose she trashes the 2nd amendment the way * does the 4th?

Disclaimer: I am in no way advocating the election of Hillary Clinton as President. I pose this hypothetical only because the prospect of HC as pres makes most wingnuts apoplectic.
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IndianaGreen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 07:04 PM
Response to Original message
6. Turley is a conservative and I agree with him on Alito
People like Alito would give Bush the green light to because an American Fuehrer, answerable to no one. Haven't you heard how many rightwingers are now referring to Bush as "our commander-in-chief"?
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Misskittycat Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 08:07 PM
Response to Reply #6
7. If Turley doesn't want him, that's really a sign he should be dumped.
Turley is a conservative law professor - very bright and thoughtful. Recently, Turley has been going after the Bush administration on several fronts. If even a conservative like him thinks Alito is too right-wing, the Senate should be paying attention.




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Cha Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-12-06 12:22 AM
Response to Reply #6
12. commander-in-thief..
is all bush will ever be.
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OKthatsIT Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 08:20 PM
Response to Original message
8. They already took that article down
Guess everyone has accepted the fact that WE'RE GOING NAZI
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flpoljunkie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-12-06 10:08 AM
Response to Reply #8
14. Try the link. It's appears to be the same, but it works.
Edited on Thu Jan-12-06 10:12 AM by flpoljunkie
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flpoljunkie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-12-06 02:37 PM
Response to Reply #14
19. The link expires after a few hours. Just put in Jonathan Turley's name
in the search function box at http://www.usatoday.com and you can get a link to the article.
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AtomicKitten Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-11-06 08:22 PM
Response to Original message
9. Excellent article.
The opposition is so much more than Roe v. Wade.
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Sdub999 Donating Member (1 posts) Send PM | Profile | Ignore Wed Jan-11-06 08:44 PM
Response to Original message
10. I agree
I'm kind of split over what to think about the filibustering of candidates in general. One of the priviledges of the excutive branch is the right to choose the members of the judicial branch. The country officially elected the president, so he has that right. This is part of the checks and balances.

However, this administration does not seem to want to keep those checks and balances intact. From the president performing wiretaps without court approval, to putting signing notes on torture bills that say he is exempt, GWB has shown a disdain for the ideals our nation was founded upon.

Should this president be allowed to put a Supreme Court justice in place that seems to be in favor of extending the power of the executive branch? Considering how much he has already gone over that line, I say the answer is definately not. The Democrats must take advantage of the filibuster technicality and keep this candidate from reaching the bench.
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NinetySix Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-12-06 12:16 AM
Response to Reply #10
11. To be more precise,
the President only chooses the nominees for the bench, whether circuit, appeals, or Supreme. It is the Legislative branch that actually makes the choice of which nominees will sit and which will not. THAT's the check and balance on the Executive's power. But you're right, of course: Bush is trying to consolidate his political power by installing a ringer on the High Court.

Welcome to DU, Sdub999!
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flpoljunkie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-12-06 10:07 AM
Response to Reply #11
13. Kick!
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hippiechick Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-12-06 10:11 AM
Response to Reply #10
15. Welcome to DU, Sdub!
:hi:
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flpoljunkie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-12-06 10:15 AM
Response to Reply #10
16. Welcome to DU, Sdub999! Thoughtful post.
Am afraid Lindsay Graham's stunt yesterday will make a filibuster less likely, as the clueless, corrupted press is, of courses, blaming the Democrats for her breakdown.
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newyawker99 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-13-06 03:33 PM
Response to Reply #10
24. Hi Sdub999!!
Welcome to DU!! :toast:
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blackcatpgh Donating Member (217 posts) Send PM | Profile | Ignore Thu Jan-12-06 10:45 AM
Response to Original message
17. kick for a damned good editorial n/t
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sirjohn Donating Member (186 posts) Send PM | Profile | Ignore Thu Jan-12-06 11:01 AM
Response to Original message
18. Why is no one speaking of Alito's anti-judicial stance? n/t
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flpoljunkie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-12-06 03:17 PM
Response to Original message
20. Perhaps we should all copy this op-ed and send it to our Senators.
The link keeps expiring, but you can link to it by putting in Jonathan Turley's name in the search box at http://www.usatoday.com
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realFedUp Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-12-06 05:23 PM
Response to Original message
21. kick....coup, anyone?
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AX10 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-12-06 05:27 PM
Response to Original message
22. There are many more issues than just Roe v. Wade..
Alito is a PURE Facsist. Samuel Alito Jr. believes that the government has absolute authority over it's people, or should I say, "subjects" (such as in Monarchy).
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Jeffersons Ghost Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-12-06 05:36 PM
Response to Reply #22
23. you're wrong a10
He's a goose stepping Nazi and that Reich-Marshall Alito to peasants like you.
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