Justice Alito? Some Say He's A New High Court Favorite

Law.com ^ | October 31, 2005 | Shannon P. Duffy

[Giant Conservative]

The short list of potential nominees to the U.S. Supreme Court suddenly appeared much shorter Friday as 3rd U.S. Circuit Court of Appeals Judge Samuel A. Alito Jr. quickly emerged as perhaps the most likely second choice to fill Justice Sandra Day O'Connor's seat.

On the hot-button issues, Alito has been consistently conservative -- so conservative that some lawyers have given him the nickname "Scalito." Roughly translated, the nickname means "Little Scalia," suggesting that Alito has modeled his judicial philosophy after Supreme Court Justice Antonin Scalia.

If Alito is nominated and his record is put under the national microscope, conservatives are likely to be happy with what they see.

On abortion, Alito was the lone dissenter in Planned Parenthood v. Casey, in which the 3rd Circuit struck down a Pennsylvania law that required women seeking abortions to inform their husbands.

Alito argued that the Pennsylvania law's restrictions should have been upheld, saying "the Pennsylvania Legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands' knowledge because of perceived problems -- such as economic constraints, future plans or the husbands' previously expressed opposition -- that may be obviated by discussion prior to the abortion."

The case went on to the Supreme Court, resulting in a 6-3 decision that reaffirmed Roe v. Wade and struck down the spousal notification provision of the law. But late Chief Justice William Rehnquist, in his dissent, quoted Alito's underlying dissent and said he agreed with his reasoning.

[Giant Conservative]

Alito, if appointed, will be fantastic.

Let's roll.

[gogeo]

Let's roll.

[mainepatsfan]

It'd be nice. I'd love to see a big fight with the Dems.

[buckeyesrule]

Alito is neat-o. LOL!

[Mr. Mojo]

Scalito, Scalito!!

[KateatRFM]

An Italian from New Jersey? Any connections with the Mob? (I grew up in that area and I never met an Italian from New Jersey that didn't have at least a second cousin involved in the rackets somewhere.)

[GoreLoser]

The Dims are spoiling for a fight but, like Roberts, Alito will score a quick TKO. Like Roberts, Alito is superbly qualified, brilliant and a nice guy with a non-confrontational style. As a bonus, he got confirmed unanimously for the appellate court and 19 Dimwit senators from that vote are still around.

Too bad Laura demanded a double-X chromosome pick with her unqualified SMU alumna Harriet. Dubya can't afford the luxury of a sexist pick this go-round so a candidate like Alito, selected on the novel theory of going with merit, might actually have a shot.

[ConvservativeVet]

If he makes Teddy Kennedy skip Happy hour to complain about him, I will be happy.

[Shaka]

I am stuck on Janice Rogers Brown at the moment. Alito would be ok, but JRB is the Top Dog in this fight.

[mainepatsfan]

Will the Dems ignore their loony base and approve him?

[deport]

There's a nickname for federal appeals Judge Samuel Alito Jr. that captures two things at once -- his particular brand of legal conservatism and a recognition that his credentials are strong enough to put him on any Republican president's short-list for the U.S. Supreme Court.

Some lawyers call the judge "Scalito."

Roughly translated, the nickname means "Little Scalia," suggesting that Alito, a judge on the 3rd U.S. Circuit Court of Appeals, has modeled himself after Supreme Court Justice Antonin Scalia.

[A CA Guy]

Well, the choice ALMOST sounds like Alito!

Can you say Ito?

[GoreLoser]

The usual loony left suspects like Schumer, Mikulski, Kennedy and plughead Biden will vote against Alito but Red State Dims will have no choice but to back him. Alito will get confirmed comfortably, even after Dubya's screwup with Harriet needlessly gave the Dims ammo to say in the lamestream media that he's now caving in to the "extreme right."

[mainepatsfan]

Just as long as we get a real conservative on the SC. If the loony left whines and moans but there senators don't filibuster they'll look weak.

[Rockitz]

That's who Kristol picked on FOX this morning.

[MNJohnnie]

That's who Kristol picked on FOX this morning.

Kristol is just repeating what he thinks other, smarter, people KNOW. Considering he has been McCain's boy all along, I seriously doubt anyone in the WH speaks to him any more.

[THX 1138]

Too bad Laura demanded a double-X chromosome pick with her unqualified SMU alumna Harriet.

Yeah, at this point, who cares what she thinks?

[Nabber]

I don't get it.

Bush felt strongly that a woman should replace SDO; there's no reason whatsoever to believe he wouldn't pick another woman. He hasn't changed his mind on this.

How could the Democrats oppose the first black woman on the Court? It's Janice Rogers Brown.