Alito is not like Scalia. Every legal scholar that knows him has said he isn't a movement conservative. He is very rigid in his stare decisis belief. He will not overturn any liberal precedent given to us in the last several decades.
We need a movement conservative/strict constructionist/originalist type. Alito is an incrementalist like Roberts.
The difference between Luttig and Alito is the difference between them voting with Scalia and Thomas on precedent cases or voting with the liberal bloc.
We need Luttig if we want to move the court to the right.
Bush will give in like he did with Roberts and pick Alito. The dems have said they won't block Alito. They know his philosophy. Bush will be praised but in reality it will be a capitulation to avoid a fight with a true movement conservative like Luttig.
We will learn a lot about Bush administration in the next few days. Picking Luttig would say bring it on dems. Picking Alito would be giving. I predict the talking head republicans will praise Alito after he is picked like they did Roberts but neither of them will vote with Scalia and Thomas on issues we really care about moving the court to the right.
>Bush will be praised but in reality it will be a capitulation
Bush will choose based on his assessment of what the GOP Senators can deliver. It's not his capitulation to capitulate. Not much that we have seen this year should give him, or us, hope. And the fire and fervor we witnessed over Miers should be directed, this time, at the right target(s).
I believe Torie's comments on this thread, and CT's elsewhere, are consonant with my view of this.
I prefer someone more like thomas then scalia.
Scalia believes in stare decisis while, according to Scalia (Thomas has never denied nor confirmed this part) Thomas does not believe in the concept of stare decisis.