[BibChr]

Check out my blogged comments on this essay, if you like. It's titled, Dude... finish your sentence (if you're not too chicken) .

Dan

[el_texicano]

God, I love news like this...let the war/games begin.

[ModelBreaker]

And neither Scalia nor Alito has really explained how to reconcile the criticism of activism on one front with the embrace of activism on the other.

I'm sure it couldn't be that, where Alito is 'activist,' the constitution limits the government powers and Alito thinks we should enforce that. OTOH, where he is not, the constitution does not prescribe the expansion of judicial powers to made-up rights.

[Moral Hazard]

"And neither Scalia nor Alito has really explained how to reconcile the criticism of activism on one front with the embrace of activism on the other."

This is a fairly idiotic thing for Robert Gorton to say. Why would it be activist to overrule a federal law's application to a state because it violates the 10th amendment, but not activist to overrule a state law because it's contradicted by a federal one?

[TAdams8591]

Marking.

[Recovering_Democrat]

Alito is MORE CONSERVATIVE THAN SCALIA??

I have gone from 99.99% supportive to 99.99999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999999% supportive!

[Condor51]

"Both Alito and Scalia's views of sovereign immunity trumped their deference to democratic decision-making."

Lemme see, I think I need to put on my secret decoder ring?!?

Sovereign immunity = Constitution
Democratic decision-making = Congress

Now to rewrite the decoded message:

Both Alito and Scalia's views of the Constitution trumped their deference to Congress."

I fail to see a problem here, Congress 'ain't' always correct. After all, ts not like they've never passed unconstitutional laws (Hi John McCain).

[steve-b]

In other words, if Congress can stop gun trafficking, which is clearly commerce, Congress can also stop people from having machine guns in order to choke off trafficking.

In other words, if Congress can stop piracy on the high seas, which is a crime clearly placed within federal jurisdiction by the Constitution, Congress can also stop people from going to sea in order to choke off the supply of booty.

At least, that's how Liberalland legal logic works.

[steve-b]

Justice Scalia himself adopted this common-sense (by leftie Bizarro World standards) logic last year—not in addressing gun possession, but in agreeing with the court's liberals that Congress could stop local production of marijuana as a way to get at interstate drug dealing. Scalia wrote that the "regulation of an intrastate activity may be essential to a comprehensive regulation of interstate commerce even though the intra­state activity does not itself 'substantially affect' inter­state commerce."

What was Scalia smoking when he wrote that?

[Kryptonite]

This is the second article I've read that concludes Alito is even to the right of Scalia.

My own thinking is that he's more of a softie than Scalia, but let them hyperventilate about it all they want. I think the Republicans will have all their ducks in a row sufficiently to cram him down the throats of Demonrats when the vote does come.

[Little Ray]

WAHOOO!

See what happens when you hold the President's feet to the fire!

All you bushbots who though that Miers was just fine... where do I ship the crow?

[new yorker 77]

Yes..ha.ha.ha.ha.ha.Yes.Yeeesss....Yeeeeeesssssssssss!!!!!!!

[dangus]

God, some days I wish I could believe liberals. :^D

[Sir_Ed]

"...individual rights (including a woman's decision whether to bear a child)."

Sorry, bud...a pregnant woman ALREADY bears a child, they just want to givw her the right to murder the baby she is already carrying.

Ed