Posted on 10/29/2005 5:23:51 PM PDT by Halfmanhalfamazing
WASHINGTON - Rebounding from the failed nomination of Harriet Miers to the Supreme Court, President Bush is poised to select between two of the nation's leading conservative federal appeals court judges - both experienced jurists with deep backgrounds in constitutional law - for what promises to be a bruising Senate confirmation battle.
With an announcement expected Sunday or Monday, administration officials have narrowed the focus to Judges Samuel Alito of New Jersey and Michael Luttig of Virginia, sources involved in the process said. Both have sterling legal qualifications and solid conservative credentials, and both would set off an explosive fight with Senate Democrats, who are demanding a more moderate nominee to replace Justice Sandra Day O'Connor.
(Excerpt) Read more at mercurynews.com ...
The Dems have to draw the line here, make their stand and rally their base. Otherwise they will have a hard time getting out the vote for the upcoming mid-term elections. The other appointments weren't high profile enough. This one is.
Miers was so timid senators said they couldn't even hear her in their meetings. She would whisper to senators in their one on one meetings. Miers had no experience in constitutional law.
Luttig is not timid and not seen as a Bush crony like Miers. Luttig is known as being brilliant. He worked in the justice department and became the youngest circuit court judge at 37 when he was nominated. He is known as brilliant in legal circles. He is also known as being dedicated. I have heard of no one that knocked his intellectual prowess. The only knock I have heard on him is that he doesn't have a jovial calm temperment like Roberts. But for associate justice this shouldn't be a problem.
He has a long record of 15 years as a circuit court judge. He is still young at 51. Miers would have been a disaster in her hearings and Luttig will stand up fine. Anyone that attacks him for finishing in the middle of his law class almost 30 years ago will look like a fool. Virginia Law School is one of the best in the country too. He has gravitas unlike Miers so I don't anyone will be attacking him based on his credentials.
Neither of these potential picks have vaginas. What will Laura say!!! The horror!
Perhaps Souter's "lifestyle" will catch up with him.
Just because he's a bachelor doesn't mean that he's gay. He is probably just a nerd who never had much luck with the women.
Look. Republicans love to take judges from the D.C. Circuit. Bush's picks for the D.C. Circuit were Roberts, Estrada, and Brown and in that order. Roberts got confirmed, Estrada was filibustered for years and Brown only got confirmed last year. IOW the Dems and Jeffords screwed up the grand plan that would have put three conservatives on the SCOTUS, given three openings, Roberts, a Hispanic and a conservative black woman. Things have then be readjusted do to political realities. Atleast that is my take.
Harriet was the sacrifical lamb so that Bush could say, "I tried to nominate a woman but..."
They need to rally their base and we need to rally our base, a big fight with us winning is good for everybody involved.
I agree, Karen Williams is a good choice and would present herself well on television; very conservative.
And has lower cholesterol and a family history of living into their late 90's? :)
I can see both sides of the argument about Luttig's choice of words. On the one hand, he could have been stating what he thought the Supreme Court intended in ruling that any partial birth abortion ban must have an exception for the health of the mother - that this ruling is absolute and cannot be messed around with by the lower courts. If Luttig personally disagrees with partial birth abortion, then writing a separate concurrence to articulate that he believes his hands were tied by the Stenberg decision makes sense as an excuse of sorts for his agreement to lift the stay.
On the other hand, he didn't do it as carefully as he should have, and left open the argument that he really believes in "super stare decisis" and a "woman's right to choose". Considering the context of the 4th Circuit issuing an order in a matter truly controlled by higher court precedent, instead of handing down a landmark decision, I can understand how Luttig wasn't as careful as he should have been. 9 out of 10 judges wouldn't even issue an opinion as he did under those circumstances.
I think he was being inartfully sarcastic. I don't think he believes in super stare decisis or a woman's right to choose.
I prefer Edith Jones, I'm not enthralled with Luttig but I can live with Alito. Of course I represent only myself which means what I prefer is of no consequence at all.
I'm not quite sure how to interpret that comment but my view is that both are RINOs and both have presidential ambitions and both don't want to upset the conservative side of the party.
But given that they also really don't want to put any hard-line conservative judges on the Supreme Court. The best way for them to accomplish both of those goals is to keep George Bush off balance and not sure that he can push a real conservative through the Senate. That gives us mushy candidates like Meirs who both McCain and Graham would have voted for.
The situation has now changed and we are very likely to see a solid conservative nominee of the type that Graham and McCain in their heart of hearts want to vote against. But they can't because to do so would make them wildly popular with the Dems (the love they seek) but would destroy any chance either had for a presidential bid. The presidency is number one. They will both fold and vote for Bush's nominee. You can count on it.
Specter only cares about one thing, protecting the 'right' of abortion. Specter has made this clear many many many times.
Specter sold his soul only to protect abortion rights. Specter will break his word in a second if it comes down to saving abortion.
Then take a peek at McCorvey V Hill where she concurs as well with the majority but then goes on to rip the constitutional matter at hand a new orifice.
Then tell me which is the "principled conservative".
Alito similarly takes a principled stand vis a vis the commerce clause and machine guns. And btw, most sodiers and marines are outfitted with M16's or variants thereof. That is the foot soldier and marines standard fare. It is classified a machine gun. Surely, the second amendment provides for soldiers and marines having the same weapon in their gun rack at home that they carried when on active duty or else the second amendment means nothing.
You are correct on the abortion issue but I think his love of the Judiciary chair will rule here. He will find a way to convince himself that the vote is OK.
Time will tell.
These are great choices and as a Conservative I pray these are the picks. It is time to take the Democrats head on and let the American people decide.
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