"Posted by Torie to jwalsh07 On Bloggers & Personal ^ 10/31/2005 2:07:38 PM PST · 52 of 60
What is disturbing about Alito here is not so much his failure to understand that there is an administrative cost to getting a result perfect in every case, as opposed to in most cases, and there is a cost benefit analysis that one must engage in. (The perfect in reality may be the enemy of the good.) Rather, what is disturbing is Alito's apparent failure to give any deference at all to agnecy determinations in administering a law. In that sense, he appears quite activist in having judges second guess agency dterminations that certainly were made in good faith and have a reasonable basis.
You win, whadda I owe ya?