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Alito It Is (Or So It Seems)
ConfirmThem.com ^ | 10/28/2005 | Erick

Posted on 10/28/2005 8:33:00 AM PDT by Rutles4Ever

Multiple sources are telling RedState that Samuel A. Alito, Jr. of the Third Circuit Court of Appeals will be named by the President at the next associate justice of the United States Supreme Court as early as Monday.

“The situation is still in flux,” says one source, “but not very much.” Says another, “The White House Counsel’s Office is not doing too good at keeping this a secret.”

Still another source says, “Luttig and Alito were the fall backs to Miers. They have both been vetted. Alito seems more palatable. There is no need to drag this out, he’s been vetted a million times.”

And yet another source tells me that he is convinced Alito is the nominee barring some last minute unforeseen issue. All signs are pointing to Judge Alito right now. Things could change, but as the weekend draws closer it seems more and more likely that Judge Alito will be the nominee and conservatives will have a fight on their hands in the Senate — a very winnable fight.


TOPICS: Front Page News
KEYWORDS: alito; bush; judicialnominees; miers; scotus
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To: jdhljc169

Alito is at 44.8 JRB at 4.0.


141 posted on 10/28/2005 10:06:51 AM PDT by Mr Cobol (If you pay property taxes you don't OWN that land, you are just a RENTER.)
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To: hispanichoosier; sinkspur

I am part of the Christian Right and I am not alienated either.


142 posted on 10/28/2005 10:08:11 AM PDT by BlackElk (Dean of Discipline of the Tomas de Torquemada Gentlemen's Club)
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To: B Knotts

Alito now, Brown in 2007, before the next presidential election!


143 posted on 10/28/2005 10:08:54 AM PDT by proudpapa (of three.)
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To: proudpapa

Sounds good to me!


144 posted on 10/28/2005 10:09:55 AM PDT by B Knotts (JRB for SCOTUS!)
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To: Owen
That's the core of the argument, isn't it?

Did Harriet Miers represent an incremental victory?

Did Souter, or O'Connor?

145 posted on 10/28/2005 10:09:57 AM PDT by Interesting Times (ABCNNBCBS -- yesterday's news.)
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Comment #146 Removed by Moderator

To: sinkspur; conservativecorner
Sinkspur, you and about 6-7 other frequent similar minded posters, seem to think you represent the embodiment of the Republican Party. Instead it appears to me that you represent the liberal-RINO fringe of the Republican party that continues to betray conservatives at every turn, and in turn attack, smear and insult anyone that disagrees with your viewpoints. Even your two most recent tag lines (If you're not willing to give Harriet Miers a hearing, then I don't give a damn what you think" and now "Trust, but vilify) speak volumes as to your cynicism, personal attacks and smear tactics.

The vast majority of posts since Harriet Miers withdrawal have been ones of relief and optimism, that finally the message got through to President Bush and HM that her nomination was not the best thing for the country and certainly not the Republican party.

On this particular thread, most of the posts are full of optimism and hope for the next nominee, possibly Alito, and instead you and a couple of other ignoble posters can't resist the tendencies to indulge in personal attacks and insults. Instead of promoting the healing process and expressing optimism that President Bush will appoint a tried & true constitutional conservative that we can all rally around, you're continuing in your mode of personal attacks and insults. Give it a rest for a change!
147 posted on 10/28/2005 10:11:56 AM PDT by rcrngroup
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To: Owen
Defeat, and loss of the Senate, is a nominee very much rightward of O'Connor who is rejected and generates a DNC fundraising party of unprecedented proportions.

I disagree with your point of view.

148 posted on 10/28/2005 10:14:00 AM PDT by Cboldt
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To: nikos1121

Italian.


149 posted on 10/28/2005 10:14:13 AM PDT by jdhljc169
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To: Stingy Dog

Yep.

Alito's name has been circulated along with Sykes.

To somewhat lesser degree McConnell and Luttig also in running.

I'd be very pleased with Alito, if he should be the choice. Seems opinion is gravitating toward his name at the moment. If the W.H. is listening, this pick would be very acceptable to Republicans/conservatives. He's a top tier quality choice with the proper Judicial philosophy.


150 posted on 10/28/2005 10:17:07 AM PDT by Soul Seeker
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To: jdhljc169
Yes, I saw that, which is what got me wondering. One of Alito's law clerks said that the nickname was from the media, and that no one who actually knows Alito calls him Scalito.

It's true that Alito dissented in Casey, but in Planned Parenthood of Central New Jersey v. Farmer, Alito voted with the majority to strike down New Jersey's partial birth abortion ban. The reason for that is Alito apparently accepts Roe as settled precedent.

I know conventional wisdom is that he "had to" follow precedent, but that's not really accurate. If that were the case, few new precedents could be set, and Plessy v. Ferguson would be followed today. Precedents often begin at the lower courts, without deference to higher court rulings. If no one in the lower courts challenges the merits of Roe V. Wade, the Supreme Court will never have the opportunity to overturn Roe.

Lower courts must rule according to the Constitution, not case law. Supposing a precedent violates the Constitution, it follows that the judge is required by the same judicial review principle articulated in Marbury V. Madison to reject it and follow the Constitution, no matter which court he serves on.

I just want to understand Alito's legal mind independently of the nickname.

151 posted on 10/28/2005 10:17:13 AM PDT by Gelato
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To: Stingy Dog
I've heard it said not to play poker with the President. Since Miers has been a good friend of his forever, what are the odds that he asked her to take a bullet (so to speak) and let the msm beat up on her for a little while so that he could clear the deck of this "have to appoint a woman" noise so that he could get the right person in? Do you think he knew from the start that the Miers noimination was DOA and would cause a major stink? He gave the left a minor (maybe even pyrrhic) victory here to nullify the objections when he presents a 'qualified' nominee?

I don't know. But I wouldn't put any of this past him.

152 posted on 10/28/2005 10:20:50 AM PDT by John O (God Save America (Please))
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To: rcrngroup
"The vast majority of posts since Harriet Miers withdrawal have been ones of relief and optimism, that finally the message got through to President Bush and HM that her nomination was not the best thing for the country and certainly not the Republican party."

If you folks had had your way, Harriet Meirs would sit on the Supreme Court so don't lecture me about reconciliation just yet. Proponents of Meirs called us elitists and sexist because we dared to ask any questions. This article is pure conjecture at this point, so let's see who he actually picks before we all break out in Koombaya.
153 posted on 10/28/2005 10:21:27 AM PDT by conservativecorner
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To: BlackElk

It was pretty clear that Ms Meirs was a shaky candidate from the get-go. I'm not a "Harvard-or-else" type, as you well know...but some acquaintance with legal reasoning is a sine qua non.

The "results at any cost" argument fails; it's the easiest way to shred what remains of the Rule of Law in this country.

As to Alito, fine. But does he pass the Laura Bush test for being female?


154 posted on 10/28/2005 10:27:55 AM PDT by ninenot (Minister of Membership, Tomas Torquemada Gentlemen's Club)
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To: Cboldt
Yes, Alito saw dissented in Casey, but it was on the grounds that notification to the husband prior to an abortion does not violate Roe V. Wade. He did not attack Roe on its merits, and appears to respect it as settled precedent.

More recently, Alito voted with the majority in Planned Parenthood of Central New Jersey v. Farmer to strike down New Jersey's partial birth abortion ban. See my post #151.

Let's be sure to judge Alito on his actual judicial philosophy, and not be swayed simply on a nickname from the media. I'm going to do some more research.

155 posted on 10/28/2005 10:30:05 AM PDT by Gelato
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To: jdhljc169

Do you think they're floating the name out? How did he fair when nominated by Bush Sr?


156 posted on 10/28/2005 10:31:33 AM PDT by nikos1121
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To: jdhljc169

I like the nick name, Scalito


157 posted on 10/28/2005 10:31:52 AM PDT by nikos1121
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To: Redbob

Yeah, but I'm a girl. Doesn't have the same kind of effect as it does on you fellas ;-)


158 posted on 10/28/2005 10:33:44 AM PDT by ark_girl
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To: Rutles4Ever

Those racist sexist Republicans only want white men on the court.


159 posted on 10/28/2005 10:35:58 AM PDT by JohnnyZ ("She was appointed by a conservative. That ought to have been enough for us." -- NotBrilliant)
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To: Rutles4Ever

No disrespect meant to Miers, whom I'm sure is a very nice lady and a competent trial lawyer, but in what kind of topsy-turvy world are Alito & Luttig fall back choices to her?

This entire Miers fiasco was the result of Republicans (both in the White House and in the Senate) being afraid of a good fight.

Well, that's over now. I'm very pleased with Alito, if he is the nominee.


160 posted on 10/28/2005 10:37:41 AM PDT by puroresu (Conservatism is an observation; Liberalism is an ideology)
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