Not fit for the court -Boston Globe

[Algorem]

http://www.boston.com/news/globe/editorial_opinion/editorials/articles/2006/01/14/not_fit_for_the_court/

GLOBE EDITORIAL
Not fit for the court
January 14, 2006

SAMUEL ALITO tells a moving and very American personal story about the path his immigrant father took to raise a son who would one day be poised to sit on the US Supreme Court. But Judge Alito's judicial philosophy, his written record of court decisions, and his unconvincing, sometimes evasive, answers in his nomination hearings far outweigh the personal appeal. He should not be sent to the Supreme Court, where he could reverse the progress this nation has made toward lifting precisely the kinds of barriers his father struggled to overcome.

In four days of hearings before the Senate Judiciary Committee, Alito appeared contained and well informed. But Americans who were concerned about his views on presidential power, privacy, and minority rights heard little to have those fears allayed.

Alito declared his overarching constitutional philosophy of originalism: a strict adherence to the actual written text. In deciding court opinions, he said, ''We should look to the meaning that someone would have taken from the text of the Constitution at the time of its adoption." Given that, at the time of its adoption, women could not vote and slaves were considered three-fifths of a person, such a philosophy is outdated, to say the least.

On the right to a legal abortion, Alito said he would keep an open mind and repeatedly talked about respect for precedent. But Republican Senator Sam Brownback of Kansas, perhaps not overly helpful, got Alito to agree that if the court ''makes a mistake" and reaches a ruling that is ''repugnant," precedent need not have much weight at all...

[Surya Gayatri]

1. and there it is, the most forceful

and succinct argument against his accession to the SCOTUS I've heard so far:

"He should not be sent to the Supreme Court, where he could reverse the progress this nation has made toward lifting precisely the kinds of barriers his father struggled to overcome."

WOW, this is a powerful statement and needs to be circulated far & wide. SG

[BrainRants]

2. It's powerful enough to make my wife cry!

Agreed, that sums it up nicely.

[Surya Gayatri]

4. She's right to cry...

as the passage implies, this extremist stands ready to roll back 70+ years of political and social progress. His nomination is a "clear and present danger". FILIBUSTER!!! SG

[KharmaTrain]

3. The Ground Is Starting To Rumble A Bit

While I don't know if it's enough or shaking the trees hard enough, Senate Democrats are getting a very loud message right now and they better listen or face years of the consequences.

I figure we will start seeing polling this weekend that will show at least 75% or more of Democrats opposed to this nomination...numbers the party can't ignore. I have a feeling Senator Reid is measuring his time here. He's had time, along with a lot of other brains, to figure ways to stall or derail this nomination. The confirmation hearings just emboldened many of the rank and file...and, as seen here on DU, really has energized a lot. While some are ready to jump off cliffs and form third and fourth parties...the vast majority of us want a fight. This is the biggest fight we've dealt with since the Impeachment fiasco...and even though the Democrats were in the minority, Repugnican votes came over as it was obvious that Democrats and Independents were united on this issue and any moderate Repugnican or Democrat who went against this tide risked their own political fortunes.

While Specter appears to have been coward by this regime (they set him up good last year for this), there are at least 5 Senators who face a tough choice in not only going against a large majority of their constituents by voting in this scumbag but are in predominately blue states that are getting even bluer. A "yes" on Alito for Snowe or Collins means they've abandonded their pro-choice positions and is sure to ruin them both in Maine.

Also...time works for the Democrats. In the backdrop of these hearings are the continuing Plame and Abramoff scandals that haven't even hit stride yet...every time a new revelation comes out, it weakens both the Repugnicans and this regime. The clock is running as the more the truth is revealed the more ass covering will be taking place among the Repugnicans and a fracture is inevitable. As we can see with DeLay and now Ney...these bastards won't go down easy and will need to be taken down several more notches. Any delay on the confirmation makes keeping Repugnican discipline tougher and tougher. I'm sure Senator Reid knows that and, just like he pulled out a surprise to derail past Repugnican power grabs, I know he'll put up a fight we can be proud of. This is a game of poker...and from Vegas, Reid knows the poker face is what's needed now no matter what cards are in his deck. Stay tuned...

[Surya Gayatri]

5. You're right, Karma

The longer the Dems can hold out, the more time there is to put the record of Alito's own pronouncements before the public. Many, many moderate Repubs are alarmed at his stand on the "unitary Executive" (what used to be called "Divine Right of Kings") and 18th Century "originalism".

HOLD 'EM, DON'T FOLD 'EM, Harry. KEEP THAT POKER FACE & PULL OUT A CARD OR TWO FROM YOUR SLEEVE!! SG

[KharmaTrain]

7. Now Our Media Game Begins

Remember, the Judiciary hearing were under the full control of Karl Rove. Don't think he wasn't orchestrating EVERYTHING here. The Repugnicans set the time, the agenda, who would participate on which panels, how long the questioning would be and so on.

Many Democrats remember the fall-out of the Thomas fiasco of '91 where the confrontation hurt both parties...thus the game here was to make the hearings as banal and boring as possible and lull the sheeple to sleep...that the lameness of the hearings should indicate this "nominee" isn't that contentious.

Now the ball is in our court. Obviously the blogosphere is already on high boil...and has ample material out there to hang ScAlito. The concept of "Unity" government was foreign to many a few days ago...I suspect it won't be by this time next week. The fact ScAlito couldn't even admit that a woman's right to chose is settled law should get a lot more amplification over the next few days as women are starting to understand this man stands to take away not just their reproductive rights, but other civil rights as well.

The papers and blowback are about to begin. There are many column and questions that will start coming out in the next couple days that will stir the pot a bit. Just like the Schaivo fiasco...initially the corporate media aped the Rovian spin and cheerleaded...soon the public really took notice and didn't like what they say. In retrospect, this turned out to be a disaster for the right wing and the start of a real bad year for that party...but nothing like what '06 has in store for them.

[Surya Gayatri]

8. Let's just pray

that Harry can keep his "herd of cats" disciplined and all marching in the same direction--don't want any of them (except Nelson of NE, of course) getting out of step. SG

[DoYouEverWonder]

6. The Boston Globe!

Oh I can't wait for the rest of the Sunday mullet wrappers.