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Alito Leans Right Where O'Connor Swung Left
The Washington Post ^ | November 1, 2005 | Charles Lane

Posted on 11/01/2005 5:59:22 AM PST by no dems

In 1991, Judge Samuel A. Alito Jr. voted to uphold a Pennsylvania statute that would have required at least some married women to notify their husbands before getting an abortion; a year later, Justice Sandra Day O'Connor cast a decisive fifth vote at the Supreme Court to strike it down.

In 2000, Alito ruled that a federal law requiring time off for family and medical emergencies could not be used to sue state employers for damages; three years later, O'Connor was part of a Supreme Court majority that said it could.

And last year, Alito upheld the death sentence of a convicted Pennsylvania murderer, ruling that his defense lawyers had performed up to the constitutionally required minimum standard. When the case reached the Supreme Court, O'Connor cast a fifth vote to reverse Alito.

The record is clear: On some of the most contentious issues that came before the high court, Alito has been to the right of the centrist swing voter he would replace. As a result, legal analysts across the spectrum saw the Alito appointment yesterday as a bid by President Bush to tilt the court, currently evenly divided between left and right, in a conservative direction.

O'Connor "has been a moderating voice on critical civil liberties issues ranging from race to religion to reproductive freedom," said Steven R. Shapiro, national legal director of the American Civil Liberties Union. "Judge Alito's nomination . . . therefore calls into question the court's delicate balance that Justice O'Connor has helped to shape and preserve."

"With this nomination, Bush is saying 'Bring it on!' " said John C. Yoo, a former Bush administration Justice Department official. "There is no effort to evade a clash with Senate Democrats. That's why conservatives are so happy."

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Constitution/Conservatism
KEYWORDS: alito; oconnor
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To: HEY4QDEMS

For some reason, I hear 'The Ride of the Valkiri' [sic] and 'Dance of the Furies' at the same time right now. Hadn't heard either tune in a while. But this is a major day. If we can counter-attack the way Ingraham, Rush, and [last but not least] Savage want to, and bring up all the goofiness of Ginsberg, this could be the equivalent of Yorktown.

All that former happiness by Reid and Schumer is completely reversed. Very good sign. =]


21 posted on 11/01/2005 6:45:09 AM PST by Arthur Wildfire! March ("Every time the court veers left, the people are overwhelmingly opposed." [Laura Ingraham])
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To: no dems
to reproductive freedom

Why do so few people know how babies are made?

THE CHOICE IS ALWAYS THERE! BEFORE CONCEPTION!

22 posted on 11/01/2005 6:45:31 AM PST by xrp (Conservative votes are to Republicans what 90% of black votes are to Democrats (taken for granted))
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To: cotton1706
Bush did really well here. I only hope that RBG and Luttig are off the bench in the next couple of years. Talk about changing the course of history .. Bush could make 4-5 SC appointments?

Of course knowing the democrats, the MIUNTE they get control of the executive they would increase the SC positions to 15 and repack the court with their own.

23 posted on 11/01/2005 6:54:58 AM PST by Centurion2000 ((Aubrey, Tx) --- America, we get the best government corporations can buy.)
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To: Arthur Wildfire! March
I'm listening to C-Span, and all the commentary/drivel from the public and pundits. And I have a thought. Tell me what you think.

President Bush has gone 5 years keeping his office above the fray, trying to bring back honor to the position of President. And he's had enough!!

After being screwed over or tricked by the CIA regarding info on WMD's and Iraq, aftr trying to 'play nice' with the Dems, and getting back stabbed by them and RINO's, after the attack on close friend Karl Rove and the Miers backlash,the complicity of the MSM with the enemy, both foreign and domestic, President George W. Bush has had enough!

Enter Judge Sam Alito! In your face!

24 posted on 11/01/2005 7:12:17 AM PST by airborne (Al-Queda can recruit on college campuses but the US military can't!)
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To: Arthur Wildfire! March
This is a media flare.

DANGER! DANGER!

(POTENTIALLY) FIVE CATHOLICS ON THE SUPREME COURT BENCH!

Yeah, they are freaking out for sure!

25 posted on 11/01/2005 7:17:28 AM PST by airborne (Al-Queda can recruit on college campuses but the US military can't!)
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To: no dems
Now if RBG will just retire....

After seeing this nomination.. there is no way she'll retire while GWB is doing the nominating. This is a very good nomination.

26 posted on 11/01/2005 7:17:43 AM PST by kjam22
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To: no dems

In the immortal words of Meg Ryan (sally);

"YES, YES, OHOOOYES! yes YES!"


27 posted on 11/01/2005 7:17:57 AM PST by Danae (Most Liberals don't drink the Kool-aide, they are licking the powder right out of the packet.)
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To: airborne

I voiced that hope yesterday. This Scooter Libby witch hunt has got to tick the Bush Team off like nothing else ever did.


28 posted on 11/01/2005 7:18:51 AM PST by Arthur Wildfire! March ("Every time the court veers left, the people are overwhelmingly opposed." [Laura Ingraham])
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To: Arthur Wildfire! March
I know one thing for certain.

I'm mad as hell, and I'm not gonna take it anymore!

29 posted on 11/01/2005 7:21:42 AM PST by airborne (Al-Queda can recruit on college campuses but the US military can't!)
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To: kjam22

"After seeing this nomination.. there is no way she'll retire while GWB is doing the nominating."

Good point. She'll be fighting free radicals in a way Mr. Bond never did. She'll drink grape juice, remove her chicken skins, religiously take an aspirin a day, and all that.


30 posted on 11/01/2005 7:23:21 AM PST by Arthur Wildfire! March ("Every time the court veers left, the people are overwhelmingly opposed." [Laura Ingraham])
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To: no dems
Alito has been to the right of the centrist swing voter he would replace. As a result, legal analysts across the spectrum saw the Alito appointment yesterday as a bid by President Bush to tilt the court, currently evenly divided between left and right, in a conservative direction.

FANTASTIC!!! I can't wait to replace Stevens and Buzzy and reshape the court for DECADES.

31 posted on 11/01/2005 7:23:23 AM PST by 1Old Pro (Confirm Alito before year end!)
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To: b4its2late

I don't understand how the 'Rats can apparently control delaying the hearings; they don't want them until January, keeping O'Connor there that much longer.


32 posted on 11/01/2005 7:27:21 AM PST by ErnBatavia (Like a midget at a urinal - stay on your toes...)
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To: cotton1706

Waaaaaaaahooooooo. I FEEL GOOD!!!


33 posted on 11/01/2005 7:28:13 AM PST by no dems (43 muscles to smile, 17 to frown, two to pull a trigger; I'm lazy and tired of smiling.)
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To: Prophet in the wilderness

"...in 1 - 3 years, the Liberals will have a aneurysm, and be moving out of this country in masses ( that's a GOOD THING )."

From your lips to God's ears.


34 posted on 11/01/2005 7:30:13 AM PST by no dems (43 muscles to smile, 17 to frown, two to pull a trigger; I'm lazy and tired of smiling.)
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To: airborne

God bless you. It is possible for a political party to land the other party's leaders in jail and take over a country that way. The more unenforced laws we have on the books, the more possible that becomes. I've been warning conservatives about this for years. Any successes they have today will lead to a feeding frenzy in the future.


35 posted on 11/01/2005 7:31:32 AM PST by Arthur Wildfire! March ("Every time the court veers left, the people are overwhelmingly opposed." [Laura Ingraham])
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To: ErnBatavia

If I'm not mistaken, Spectre is pro-choice, which would explain his outrage over Miers. Spectre, Miers, Bush... quite a circle there. Thank God conservatives spoke out!


36 posted on 11/01/2005 7:37:49 AM PST by Arthur Wildfire! March ("Every time the court veers left, the people are overwhelmingly opposed." [Laura Ingraham])
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To: Arthur Wildfire! March

So, for all you FReepers out there who have been so energetic online in your objections to Hariet Miers, now is the time to object in person!!!

Don't let us loose the high ground!! Press the advantage!!

FOR AMERICA !!!

CHARGE!!!


37 posted on 11/01/2005 7:42:19 AM PST by airborne (Al-Queda can recruit on college campuses but the US military can't!)
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