Judge Alito
At this writing the confirmation hearings of Judge Samuel Alito before the Senate Judiciary Committee have concluded, and the Committee vote is scheduled for next week. Most people believe that all the Republicans will vote in favor and most or all the Democrats will vote against confirmation, but the Democrats do not seem to have enough enthusiasm or votes to sustain a filibuster to prevent confirmation.
The Republicans have managed to contain their glee. Judge Alito appears to be a conservative thinker, bright, articulate, and in every way qualified to be a judge.
The Democrats know they are opposed, but are having difficulty articulating their reasons. Senator Kennedy says unequivocally "...the record’s clear that the average person has a hard time getting a fair shake in Judge Alito’s courtroom". Kennedy’s statement is certainly untrue, a good example of the Big Lie for political effect, and some commentators have commented that his questioning of Judge Alito’s 1980’s membership in a conservative college alumni group was reminiscent of Senator Joseph McCarthy’s attack on Fred Fischer in the Army McCarthy hearings which ultimately brought his disgrace. For the television it appears that Kennedy’s style, reducing Mrs. Alito to tears has done the nominee a favor. Kennedy’s position is the pure politics. He really did not care about Alito’s "qualifications", he will vote against whomever President Bush nominates.
Senator Feinstein has taken a different position. She says that she does not see a likelihood of a filibuster, which is a concession that the nomination will pass. She says, "This might be a man I disagree with, but it doesn’t mean he shouldn’t be on the court". That is a traditional conservative stance, that the standard is whether the judge is qualified and not a litmus test of a political stance. However, Senator Feinstein then goes on to say that she will vote against Alito, based on his conservative record. Senator Feinstein apparently has two thresholds. In the first instance, like Kennedy, she votes against conservative judges based on their beliefs, but will not support a filibuster to make her opposition effective. At some other and unknown level she would support a filibuster.
I am concerned that Judge Alito is merely competent. He has spent his entire professional career working for the government as have too many of the Justices, and there is little in his record of creativity or originality. Competence may be the threshold to avoid a filibuster, but we will need to see whether we could have done better.
I am also concerned that any Justice on the bench cannot forget the malignant attacks of the interest groups during the confirmation process. The abortion lobby has been relentless, probably defamatory, and certainly misleading in these proceedings. Senator Kennedy has been a mean caricature. What effect does that have on a Justice after confirmation? Is there any doubt that the Clarence Thomas confirmation process taught Justice Thomas to say nothing, ever? And will not Thomas and Alito, having suffered and their familes suffered at the hands of Democratic posturing and abortion lobby defamation have an affected view of their issues?
The Republicans have managed to contain their glee. Judge Alito appears to be a conservative thinker, bright, articulate, and in every way qualified to be a judge.
The Democrats know they are opposed, but are having difficulty articulating their reasons. Senator Kennedy says unequivocally "...the record’s clear that the average person has a hard time getting a fair shake in Judge Alito’s courtroom". Kennedy’s statement is certainly untrue, a good example of the Big Lie for political effect, and some commentators have commented that his questioning of Judge Alito’s 1980’s membership in a conservative college alumni group was reminiscent of Senator Joseph McCarthy’s attack on Fred Fischer in the Army McCarthy hearings which ultimately brought his disgrace. For the television it appears that Kennedy’s style, reducing Mrs. Alito to tears has done the nominee a favor. Kennedy’s position is the pure politics. He really did not care about Alito’s "qualifications", he will vote against whomever President Bush nominates.
Senator Feinstein has taken a different position. She says that she does not see a likelihood of a filibuster, which is a concession that the nomination will pass. She says, "This might be a man I disagree with, but it doesn’t mean he shouldn’t be on the court". That is a traditional conservative stance, that the standard is whether the judge is qualified and not a litmus test of a political stance. However, Senator Feinstein then goes on to say that she will vote against Alito, based on his conservative record. Senator Feinstein apparently has two thresholds. In the first instance, like Kennedy, she votes against conservative judges based on their beliefs, but will not support a filibuster to make her opposition effective. At some other and unknown level she would support a filibuster.
I am concerned that Judge Alito is merely competent. He has spent his entire professional career working for the government as have too many of the Justices, and there is little in his record of creativity or originality. Competence may be the threshold to avoid a filibuster, but we will need to see whether we could have done better.
I am also concerned that any Justice on the bench cannot forget the malignant attacks of the interest groups during the confirmation process. The abortion lobby has been relentless, probably defamatory, and certainly misleading in these proceedings. Senator Kennedy has been a mean caricature. What effect does that have on a Justice after confirmation? Is there any doubt that the Clarence Thomas confirmation process taught Justice Thomas to say nothing, ever? And will not Thomas and Alito, having suffered and their familes suffered at the hands of Democratic posturing and abortion lobby defamation have an affected view of their issues?
posted by Contraria | 9:03 PM
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