Alito It Is (Or So It Seems)

ConfirmThem.com ^ | 10/28/2005 | Erick

[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.

[rcrngroup]

I'm on your side on this!

[JohnnyZ]

Can anyone here tell me of anyone who accurately predicted either of the other two picks?

Quite a few people got the Roberts pick right.

The Harriet Miers rumor was out there but I don't know of anyone who said she'd be the pick and stuck with that opinion. Most people, if they took the rumor seriously at all, decided there were clearly many superior choices and the Miers downsides would make such a nomination very unlikely.

[Great Caesars Ghost]

This family is making life really tough for Jeb's national ambitions. So far we have Bush 41 with "read my lips, no new taxes, and Bush 43 with "I would like to introduce you to Harriet Meirs the conservative".

From Unemployedemocrat.com: Who would have ever thought that Jeb would turn out to be the smart one? And the tagline for Bush 43 should be simply: Trust me. (Please, no flames, I'm just trying to be witty. I don't oppose the president, just the last SC pick, and a few other matters.)

[JohnnyZ]

Why risk them when we have such a weak position in the Senate?

When do you think we'll have a stronger position in the Senate? Seriously?

[americanbychoice2]

is that Al Ito? :)

[Great Caesars Ghost]

Would Alito hold that case law supercedes the Constitution? If not, why did he say, "Our responsibility as a lower court is to follow and apply controlling Supreme Court precedent," in regard to an abortion case? If appointed to the Supreme Court, would he follow a stare decisis view of Roe V. Wade and other unconstitutional rulings?

Thr lower courts have the responsibility to abide by stare decisis. The Supreme Court has the responsibility to overturn decisions that are wrong. If they did not, then we would still be laboring under Plessy v. Ferguson.

OTOH, if the lower courts had to follow precedent, how would a challenge to Plessy ever get to the SC?

[JohnnyZ]

Uh, a large part of the Christian Right is pissed at the way the uber-cons treated Harriett Miers.

The Christian Right was stampeding against Miers after that 1993 speech came out. She's lucky she withdrew before she was trampled underfoot.

[Antoninus]

From what I've heard, Alito works for me. I still prefer JRB, though.

[freespirited]

Well, in all fairness to the WH, they did say they were looking for a woman.

I think there are very few in the Republican base who care whether the nominee is a woman. Obviously Laura Bush does.

I assume there is some technicality in the law that allowed the WH to consider women only? After all, if I advertised a job opening as "Women Only" or "Men Only" I'd be sued.

[Antoninus]

Answer: the nominee is rejected.

And? They can't reject every nominee he sends up there. As long as we get conservative, originalist judges up there, we're in good shape. I don't care how many they shoot down along the way. This is a fight the Dems and RINOs will NOT win in the court of public opinion.

[RockinRight]

I, personally, never used leftist attacks against Miers. What I have said was that I wasn't convinced. I said that I'd like to trust the President, but just didn't know about her credentials. For a while there she looked better, then worse. I just said Bush could have done much better, and will if he chooses Alito. I was critical of Miers, but also critical of those that were being extremely hostile towards Bush and the nomination.

[JohnnyZ]

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

He may have man-breasts?

[Antoninus]

Uh, a large part of the Christian Right is pissed at the way the uber-cons treated Harriett Miers.

Last time I checked, you don't speak for the "Christian right." As a proud member of the Christian right, I am not p!ssed at all. I'm very happy that Miers withdrew, particularly after she was revealed to be just another housebroken PC drone in that Dallas speech (hat-tip to George Will).

[Cboldt]

in Planned Parenthood of Central New Jersey v. Farmer, Alito voted with the majority to strike down New Jersey's partial birth abortion ban ...

This one? -> Planned Parenthood of Central New Jersey v. Farmer

The opinion of the Court was delivered by
PORITZ, C.J.

In this appeal plaintiffs challenge a state statute that conditions a minor's right to obtain an abortion on parental notification unless a judicial waiver is obtained, but imposes no corresponding limitation on a minor who seeks "medical and surgical care [otherwise] related to her pregnancy or her child." ...

JUSTICES STEIN, COLEMAN, and LONG join in CHIEF JUSTICE PORITZ's opinion. JUSTICE O'HERN filed a separate dissenting opinion in which JUSTICE VERNIERO joins. JUSTICE VERNIERO filed a separate dissenting opinion.

I don't see Alito's name in there, but the case is parental notification, not PBA ban.

[JFC]

What does Ann Coulter think? I can not approve of anyone until I hear it from the horses mouth. ;)

[JohnnyZ]

Any mention of Ann Coulter requires that photos of the lovely writer be posted:

[JohnnyZ]

Yes, I did intend that.

[traderrob6]

My guess would be strong approval, we'll know soon enough.