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A nomination that will divide (Milwaukee Journal Sentinel calls Justice Thomas an asterisk)
Milwaukee Journal Sentinel ^ | 11/1/2005 | MJS editorial board

Posted on 11/01/2005 8:51:38 AM PST by steveegg

In picking Appeals Court Judge Samuel Alito for the U.S. Supreme Court on Monday, President Bush gave his right flank what it wanted: a true-blue conservative. The question now is: Is Bush giving the country what it needs?

The nomination is troubling in that 1) it's liable to divide America rather than unite it, 2) it lessens the extent to which the court mirrors the nation's rich diversity and 3) Alito has taken worrisome stands on many issues. Still, Alito deserves the benefit of the doubt until he gets his day in court - or rather before the Senate Judiciary Committee - to make the case for his confirmation.

Bush had chosen White House counsel Harriet Miers to succeed the retiring Justice Sandra Day O'Connor, but many conservatives vigorously objected, questioning whether Miers had the intellectual stamina to stay conservative. The nominee withdrew her name. Now, Bush has picked Alito, a judge who may be in the archconservative mold of Justices Antonin Scalia and Clarence Thomas.

Prior to Miers, Bush had named Appeals Court Judge John Roberts to succeed O'Connor but switched to have him succeed Chief Justice William Rehnquist, who died in September. A guiding principle for Bush in the two previous nominations seemed to have been candidates with thin paper trails - the less to trip them up at the hearings.

Bush discarded that principle in naming Alito, who boasts a thick portfolio of opinions he's authored, the result of sitting on the 3rd Circuit U.S. Court of Appeals in Philadelphia for 15 years. Bush said that Alito "has more prior judicial experience than any Supreme Court nominee in more than 70 years." That experience, the intelligence he displays and his firm grasp of constitutional law are pluses.

But, regrettably, Bush declined to consult with Senate Democratic leaders in making his choice. A big reason President Clinton had relatively smooth sailing on his high court nominees is that he did consult with GOP leaders beforehand.

Another minus is that the nomination lessens the court's diversity. O'Connor herself had expressed the desire that her successor be a woman. O'Connor seems to have grown wiser about diversity as a result of her Supreme Court experience. She came to see the virtues of having a court that looks like America - doubtless a big reason she softened her opposition to affirmative action in recent years.

In losing a woman, the court with Alito would feature seven white men, one white woman and a black man, who deserves an asterisk because he arguably does not represent the views of mainstream black America.

Finally, many of Alito's opinions, often dissents, are worrisome. He was the sole justice on a 3rd Circuit panel in 1991 to regard a Pennsylvania requirement that women notify their husbands before getting an abortion as not an undue burden on access to the procedure. The Supreme Court specifically disagreed with his dissent in an opinion written by O'Connor.

In 1996, he was the sole dissenter when the 3rd Circuit upheld the authority of Congress to ban fully automatic machine guns. Also that year, he tried - in the end, futilely - to make it harder to bring discrimination complaints to trial.

These and many other issues deserve a thorough airing by the Judiciary Committee.


TOPICS: Constitution/Conservatism; Editorial; Politics/Elections
KEYWORDS: alito; plantationasterisk; racism; scotus
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To: Red Badger
How many blacks are on the MJS Editorial Board?.............And do they presume it upon theirselves to represent the vast majority of blacks?..........

Rogues gallery here. I see one black with a picture, and 3 people without.

21 posted on 11/01/2005 9:01:50 AM PST by steveegg (Take two - throw those long knives at the DemonRATs and lieberals.)
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To: steveegg

Liberals on diversity: We must have racial and gender diversity, unless you are a black or woman in which case you don't count unless you hold a liberal ideology.


22 posted on 11/01/2005 9:05:17 AM PST by Unam Sanctam
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To: Crawdad

For those of you who like to dabble in the market, Journal Communications, the parent company of the racist Jentinel, is JRN on the New York Stock Exchange.


23 posted on 11/01/2005 9:05:49 AM PST by steveegg (Take two - throw those long knives at the DemonRATs and lieberals.)
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To: steveegg

I'm pretty sure Mabel Wong isn't black, but I could be wong........


24 posted on 11/01/2005 9:06:40 AM PST by Red Badger (Spies are the most important asset, because on them depends an army's ability to march. - SUN TZU)
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To: Crawdad

Neither paper is fit for anything other than lining a bird cage.


25 posted on 11/01/2005 9:07:31 AM PST by Dionysius (ACLU is the enemy)
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To: Red Badger

So that leaves somewhere between 1 and 3 blacks on the editorial board and staff.


26 posted on 11/01/2005 9:07:40 AM PST by steveegg (Take two - throw those long knives at the DemonRATs and lieberals.)
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To: steveegg

My guess is 1, Libs don't like it when they have to sit next to minorities for prolonged periods of time.........


27 posted on 11/01/2005 9:10:11 AM PST by Red Badger (Spies are the most important asset, because on them depends an army's ability to march. - SUN TZU)
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To: July 4th

Yup, it went like this:

Bush: Hey Harry, what do you think of Judge Sam Alito?
Reid: Fascist, Mafia sympathizing, ultra-conservative nutcase who hates women and kittens.
Bush: OK. Well you liked Miers and look where that got us. I'll take your statement to mean that Alito's a good choice. Don't misunderestimate me, jerk.


28 posted on 11/01/2005 9:10:51 AM PST by RockinRight (It’s likely for a Conservative to be a Republican, but not always the other way around)
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To: Unam Sanctam

"unless you are a black or woman in which case you don't count unless you hold a liberal ideology."

Libs: "You pretend to agree with us and we'll pretend we don't agree with all the old stereotypes about you. Should you dare to disagree with us, we'll unleash a torrent of racist slurs against you."


29 posted on 11/01/2005 9:11:58 AM PST by RegulatorCountry (Esse Quam Videre)
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To: steveegg
The nomination is troubling in that 1) it's liable to divide America rather than unite it, 2) it lessens the extent to which the court mirrors the nation's rich diversity and 3) Alito has taken worrisome stands on many issues.

This editorial is troubling in that 1) it's liable to divide America rather than unite it, 2) it lessens the extent to which the Milwaukee Journal Sentinel's editorials mirror the nation's rich diversity and 3) the Milwaukee Journal Sentinel has taken worrisome stands on many issues.

30 posted on 11/01/2005 9:12:40 AM PST by The Electrician ("Government is the only enterprise in the world which expands in size when its failures increase.")
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To: steveegg
But, regrettably, Bush declined to consult with Senate Democratic leaders in making his choice. A big reason President Clinton had relatively smooth sailing on his high court nominees is that he did consult with GOP leaders beforehand.

So, the editors finally admit that it's all personal pique?

31 posted on 11/01/2005 9:13:37 AM PST by Cyber Liberty (© 2005, Ravin' Lunatic since 4/98)
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To: RockinRight

Souter and STevens are the only Protestant white males. I don't think they very well reflect the views of the average Protestant white males in this country. Give them asterisks, too.


32 posted on 11/01/2005 9:13:40 AM PST by Agrarian
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To: steveegg

Souter and Kennedy's views aren't in line with mainstream white Americans. They should be asterisks, as well.

Or minus signs.


33 posted on 11/01/2005 9:16:12 AM PST by Choose Ye This Day ('Tis the part of the wise man to...not venture all his eggs in one basket. -- Cervantes)
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To: steveegg
*Personal history

Clarence Thomas was born in Pin Point, Georgia, a small community outside Savannah. His father abandoned his family when he was only a year old and moved to Philadelphia, Pennsylvania, leaving Thomas and his siblings to be taken care of by their mother, Leola Anderson. When Thomas was six, his younger brother accidentally set a fire that burned down the family's house, resulting in a move to a small apartment in Savannah. A year later, they went to live with their mother's father, Myers Anderson. Anderson had a fuel oil business that also sold ice; Thomas often helped him make deliveries.

His grandfather believed in hard work and self-reliance and would counsel him to "never let the sun catch you in bed in the morning". In 1975, when Thomas read Race and Economics by economist Thomas Sowell, he found an intellectual foundation for this philosophy. The book criticized social reforms by government and instead argued for individual action to overcome circumstances and adversity. Thomas later said that the book changed his life.

Raised Roman Catholic (he later attended an Episcopal church with his wife, but returned to the Catholic Church in the late 1990s), Thomas considered entering the priesthood and briefly attended Immaculate Conception Seminary, a Catholic seminary in Missouri, where he encountered some racism. Thomas later attended College of the Holy Cross, where he co-founded the school's Black Student Union and received an A.B., cum laude.

Thomas explored his political identity as he was growing up. He flirted with being a leftist in college, but he was subsequently influenced by the Objectivist philosophy of Ayn Rand. Later, he gravitated towards conservative viewpoints. He received a Juris Doctor (J.D.) degree from Yale Law School in 1974.

I first met him at Truro Episcopal Church, while he was still there. He deserves an asterisk, but it should note his climb from HUMBLE, challenging conditions, AGAINST ALL ODDS...

34 posted on 11/01/2005 9:18:47 AM PST by pageonetoo (You'll spot their posts soon enough!)
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To: Choose Ye This Day
Souter and Kennedy's views aren't in line with mainstream white Americans. They should be asterisks, as well.

Or minus signs.

Asterisk for Kennedy*, minus sign for Souter-.

35 posted on 11/01/2005 9:19:56 AM PST by steveegg (Take two - throw those long knives at the DemonRATs and lieberals.)
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To: steveegg
...and a black man, who deserves an asterisk because he arguably does not represent the views of mainstream black America.

Now we have liberalism, in all its ugliness, on display for ALL the world to see! You are not black unless you live on the plantation. This editorial clearly states that YOU ARE NOT A BLACK PERSON UNLESS YOU THINK OR BELIEVE A SPECIFIC, CERTAIN WAY!

How pathetic, not to mention disgusting. Behold, the liberal is unmasked - and it is ugly.

36 posted on 11/01/2005 9:20:06 AM PST by Obadiah ( Deuteronomy 6:5)
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To: steveegg
The nomination is troubling in that 1) it's liable to divide America rather than unite it,

There is NO conceivable pick that could have "united" America.

The country is divided. The reaction to any nomination would have reflected that.

37 posted on 11/01/2005 9:21:49 AM PST by The Iguana
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To: steveegg; bocopar

What an overtly racist statement! Conservative blacks should be outraged over that comment and demand a retraction from this newspaper. I'm pinging Bob Parks for that reason.

Clarence Thomas isn't really black because he's not a liberal. Outrageous.


38 posted on 11/01/2005 9:23:12 AM PST by Kryptonite (McCain, Graham, Warner, Snowe, Collins, DeWine, Chafee - put them in your sights)
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To: rdb3

Ping (sorry about the lateness of the ping).


39 posted on 11/01/2005 9:24:33 AM PST by steveegg (Take two - throw those long knives at the DemonRATs and lieberals.)
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To: kjenerette

...for class.


40 posted on 11/01/2005 9:26:41 AM PST by Van Jenerette (Our Republic...If We Can Keep It!)
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