As for the ABA rating, sure, technically he's a qualified jurist, but the ratings criteria doesn't take into account ideology, does it?
Conservative?
From Sen. Biden:
He <Alito> disagreed with all 10 of his colleagues who would have overturned the jury in Barbara Sheridan's case, stating that an employer may not wish to disclose his real reasons for making personnel decisions.
In another solo dissent, he would have deferred to a corporation's, quote, "subjective business judgment." An approach his other colleagues said would, quote, "eviscerate the anti- discrimination law."
For instance, Justice Thomas in the Hamdi dissent lays out views of unchecked unitary executive to wage war and exercise foreign policy.
Although Judge Alito says his interpretation of the unitary executive was much narrower and that he couldn't recall Justice Thomas using that term, I find his explanation not at all convincing.
Most use the term "unitary executive" in the manner in which John Yoo, the legal architect of the administration's views, conceives executive power, as well as the Professor Calabrese, who was quoted by Senator Kennedy.
I asked Judge Alito whether he agreed with Professor Yoo's reasoning that would allow, even in the absence of an emergency or imminent threat, the president under his plenary power to invade another country, to invade Iran tomorrow, no matter what Congress says.
Judge Alito declined to answer such a basic, fundamental question.
I'm convinced that Judge Alito will join with the present members of the court who have struck down three dozen federal laws, more than six times the rate of activism over the history of our republic, laws which said you can't have guns within a hundred to a thousand feet of an elementary school, laws battling violence against women, laws requiring the clean-up of low-level nuclear waste and laws designed to ensure freedom of religion.
On the bench, Judge Alito has fully embraced, in my view, even aggressively sought to increase this new activism.
Apart from all that, one more sure sign Judge Alito is truly not conservative is that Pat Robertson and James Dobson and all their fevered minions have kept silent about this nomination. If they were not assured he is on their team, we could be assured Messrs. Robertson and Dobson would be out there whipping up the faithful to shoot down this nomination.