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How Conservative Is "Too Conservative"?
slate.com ^ | Friday, Nov. 4, 2005 | Michael Kinsley

Posted on 11/04/2005 6:04:25 AM PST by paudio

The Democrats have declared war on President Bush's latest Supreme Court candidate, Samuel Alito, without much in the way of weapons. Only two, really: the filibuster and the power of persuasion. And the filibuster—because it seems (and is) unfair and anti-democratic—will backfire unless people are persuaded that it is saving them from something really bad.

And to make the challenge even more daunting, most of the usual tools of persuasion aren't available this time. Alito seems like a fine fellow, personally. His credentials and qualifications are beyond dispute. Unlike Robert Bork, he is not scary-looking. And another Anita Hill is too much to hope for. Those are the cheap shortcuts. All that's left is a serious argument: Alito is simply too conservative.

The Republican counterargument will be fourfold: A) He is not very conservative; B) no one knows how conservative he is, and no one is going to find out, because discussing his views in any detail would involve "prejudging" future issues before the court; C) it doesn't matter whether he is conservative—even raising the question "politicizes" what ought to be a nonpartisan search for judicial excellence; and D) sure he's conservative. Very conservative. Who won the election?

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


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government; News/Current Events; Philosophy; Politics/Elections
KEYWORDS: alito; conservatism; kinsley; scotus
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1 posted on 11/04/2005 6:04:26 AM PST by paudio
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To: paudio

How Conservative Is "Too Conservative"?




recycling TP


2 posted on 11/04/2005 6:06:30 AM PST by sure_fine (*not one to over kill the thought process*)
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To: paudio
>>>sure he's conservative. Very conservative. Who won the election?


I like argument D. Especially after Senator Leahy flat out admitted his objections to Alito were purely ideological. Let's end the male bovine scatology here and have this stupid filibuster fight and then be done with it.
3 posted on 11/04/2005 6:06:51 AM PST by .cnI redruM (Because change is not something you talk into existence.)
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To: paudio

How liberal is too liberal? Ruth Bader Ginsburg? Steven Breyer? John F'n Kerry? Al Gore? Yup, all too liberal.


4 posted on 11/04/2005 6:13:40 AM PST by rhombus
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To: paudio

It's not a question of degree.

You can't be a little bit pregnant, and you can't be a little bit originalist - You either are, or you're not.


5 posted on 11/04/2005 6:15:23 AM PST by LouD
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To: paudio

The correct answer is that Alito rules on the law and does not make law. That is a good justice. Period.


6 posted on 11/04/2005 6:16:31 AM PST by Always Right
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To: paudio
Unlike Robert Bork, he is not scary-looking.

Quintessential Kinsley.

7 posted on 11/04/2005 6:18:31 AM PST by stevem
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To: paudio

Reading this makes me think that the left is preparing itself for the worst: no filibuster. If the left strongly believed a filibuster would happen, this article would be a more obvious call-to-arms and would drop all pretense (which is what it is) of objective thought.


8 posted on 11/04/2005 6:19:50 AM PST by samtheman
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To: paudio
Alito is simply too conservative.

As usual, Kinsley the Lunatic is complete divorced from reality. Sorry super twit, but there is NO such thing as "too conservative" for the Court. That is another one of this hysterically stupid argument advanced by the Left. Bush won, he picks. Dems do NOT get a veto over that. If, Mr Moron wants to argument the point, Conservatives should just tell him "Win an election Mikey, they YOU can pick". If they want to argue that Alito is "too Conservative" Conservatives should point out that any future Democrat President will get NO picks because every single one will be considered "Too Liberal".

9 posted on 11/04/2005 6:26:17 AM PST by MNJohnnie (Merry Alitomas!)
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To: paudio
Just an opinion but most people don't pass a litmus test as to being conservative on every single issue. Also, not everything can be viewed politically, even issues before the supreme courts. Sometimes, court cases really are about finer points of the law, that is, the better lawyerism versus the less-than-better lawyerism.

This is really about the Democrats lining up against ANYONE the POTUS puts forth. They will never get used to being out of power.

10 posted on 11/04/2005 6:27:31 AM PST by starfish923 ( Socrates: It is never right to do wrong.)
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To: paudio
I think that the more people learn about Alito, the easier it will be to confirm him.

I would greatly prefer confirmation before the Christmas recess but, given the extensive SCOTUS recess period, very little would change on cases in the docket. So giving the public more time to learn about what a great judge he is may be a positive for conservatives.

If Alito is seated in January, that means that the cases will have to be retried if he is seated before the opinions are issued (typically June). They keep telling us this and I assume they're right. But is it all the current cases that must be reheard? Or only those in which there was a 5-4 split with O'Connor as the swing vote?

I wish someone would tell us about this.
11 posted on 11/04/2005 6:31:39 AM PST by George W. Bush
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To: .cnI redruM
I like D as well.

I'm hoping they do filibuster. Even if the Republicans are too chicken $h** to go nuclear! Think about it... a delay along with "Let O'Connor retire and go home to her husband" is a powerful message to the masses... ;)

Not only that, a delay will motivate the base in 2006 like they've never seen...

Make my day! :)

12 posted on 11/04/2005 6:32:45 AM PST by mosquitobite (What we permit; we promote. ~ Mark Sanford for President!)
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To: paudio
How Conservative Is "Too Conservative"?

When conservative desires conflict with the Constitution and you choose what you want as a conservative over what the Constitution states.

That is too conservative.

13 posted on 11/04/2005 6:36:17 AM PST by Harmless Teddy Bear (Not all problems can be solved with a sledge hammer. Sometimes nitroglycerin is required. Or a Nuke)
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To: paudio

If Ginsburg ain't too liberal, then Alito ain't too conservative.


14 posted on 11/04/2005 6:37:35 AM PST by mewzilla (Property must be secured or liberty cannot exist. John Adams)
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To: mosquitobite

I hope it doesn't happen, but what kind of a mess would the dems be in if her husband takes a turn for the worse whilst they bray and delay?


15 posted on 11/04/2005 6:40:04 AM PST by MortMan (Eschew Obfuscation)
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To: rhombus
How liberal is too liberal? Ruth Bader Ginsburg?

She had been chief counsel for the ACLU when she was selected. That was no secret out of the bag. The Republicans quietly acquiesced to her nomination. Imagine if Bush had chosen the former chief counsel for the Christian Coalition? Or the NRA? I don't think the Democrats would be nearly as quiet.

16 posted on 11/04/2005 6:40:20 AM PST by Drew68
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To: sure_fine
recycling TP

Not there, yet. I do however use my dental floss two or three times.

17 posted on 11/04/2005 6:41:52 AM PST by Designer (Just a nit-pick'n and chagrin'n)
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To: paudio

You can never be too rich, too thin, or too conservative.


18 posted on 11/04/2005 6:42:09 AM PST by NeoCaveman (Confirm Judge Alito now. Yes I am an Alitist)
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To: Drew68

Nope, Republicans where whipped for a long time and continue to roll over easily. In their defense, it's not easy to run a two front war against the Democrats AND a Hollywood-driven media at the same time.


19 posted on 11/04/2005 6:43:03 AM PST by rhombus
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To: mosquitobite

As bad as the agreement from the "Gang of 14" was, it helped Roberts and it will help Alito because they can't be defined as 'dangerous extremists'. The 'rats now realize that using the filibuster without the support of all these "Profiles in Moderation" will be the end of that game.


20 posted on 11/04/2005 6:44:59 AM PST by Semper Paratus
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