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Here's a query for Judge Alito [ Bush v. Gore, the ultimate test]
The Capital Times ^ | 1-9-06

Posted on 01/09/2006 7:35:09 PM PST by SJackson

When the Senate Judiciary Committee begins questioning Supreme Court nominee Samuel Alito this week, Americans will again be reminded of the limitations of the confirmation process for presidential picks to serve on the federal bench. Alito will lie to the committee, intentionally and repeatedly.

In keeping with the standard set by all recent high court nominees, he will treat the process and, by extension, the American people who this process is intended to serve with utter and complete disrespect.

Alito will be asked direct questions and he will claim that he cannot answer them for two reasons.

AP Photo/Manuel Balce Ceneta Samuel Alito First, in order to avoid broad questions about his legal philosophy, he will claim that he is not able to comment on cases that might come before the court. This is a deliberate dodge, designed not to protect Alito's ability to judge impartially but to avoid revealing whether his ideas are within the mainstream of constitutional interpretation and judicial responsibility.

Second, despite the fact that his proponents would have the Senate and the American people believe that he is a brilliant man with broad executive branch and judicial experience, Alito will claim that he has not seriously considered fundamental questions of law, politics and public policy. This, too, is a deliberate dodge, designed to prevent an examination of how he approaches issues.

Alito's refusal to cooperate with the committee will likely be extensive. When Chief Justice John Roberts faced the committee during his confirmation hearings last fall, he refused to answer more than 60 questions in a single day.

As they approach what should be their most solemn duty as they are being called upon to approve or reject a nominee who could serve on the high court long after they have left politics members of the Judiciary Committee should be looking for a way to crack the facade of deceit and disrespect that Alito will seek to erect.

Here's one suggestion for how to do that:

Ask the nominee how he would have ruled in the case of Bush v. Gore. Does he agree that the court was right to intervene, for the first time in history, to stop the counting of the ballots that could have determined the result of a presidential contest? Or does he believe, as University of Virginia professor and Supreme Court scholar A.E. Howard has suggested, "Prudence would call for letting the political process run its course"?

Does he believe it is possible to reconcile this intervention with a strict constructionist reading of the Constitution that says Congress, not the court, is charged with settling disputed federal elections?

Does he believe that Justices Antonin Scalia, whose sons were associated with firms that represented George W. Bush's campaign, and Clarence Thomas, whose wife was working with Bush's transition team, should have recused themselves from the deliberations? Does he worry that the decision to intervene in the case might have damaged the court's reputation as an independent body that stands apart from the partisan politics associated with the executive branch?

Of course, Alito will try to avoid such questions, just as Roberts did when Sen. Herb Kohl, D-Wis., made a tepid attempt to raise the issue last year. But Alito has no excuse for refusing to answer.

The case of Bush v. Gore will never come before the court again. And the court itself has ruled that the decision should not be interpreted as setting a precedent. Thus, it is one of the few court decisions that is entirely, and appropriately, open to discussion by a nominee.

And what if Alito claims he hasn't taken the time to consider the case or its issues?

Considering the fact that the case involved the question of who would be the most powerful person on the planet, if Alito claims he wasn't paying attention, there really would not be any question that he is too disengaged to be confirmed to so substantial a position.


TOPICS: Editorial; Government
KEYWORDS: 109th; alito; alitohearings; bushvgore

1 posted on 01/09/2006 7:35:10 PM PST by SJackson
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To: Diana in Wisconsin

For your list? Chronic wasting disease all around, they're still fighting Bush v. Gore.


2 posted on 01/09/2006 7:36:01 PM PST by SJackson (Beer is living proof that God loves us and wants to see us happy. B. Franklin)
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To: SJackson

I'm sure he would have ruled with the 7-2 majority in the Bush v. Gore case. I don't see how that helps figure anything out as anyone but a rabid liberal would have seen that the Florida Supreme Court was trampling over voter's rights by allowing selective recounts.


3 posted on 01/09/2006 7:39:59 PM PST by Ingtar (Understanding is a three-edged sword : your side, my side, and the truth in between ." -- Kosh)
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To: SJackson

Why not just ask him if he's stopped beating his wife? It would me more intelligent than this rant.


4 posted on 01/09/2006 7:40:10 PM PST by Cicero (Marcus Tullius)
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To: SJackson
Alito will lie to the committee, intentionally and repeatedly.

Yep, no bias here. And what if they did ask him about Bush v. Gore, and he looked them right in the eye and said "I'd vote for Bush and Gore should be in prison."?

How would they respond to that, I wonder.

5 posted on 01/09/2006 7:40:56 PM PST by lafroste (gravity is not a force. See my profile to read my novel absolutely free (I know, beyond shameless))
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To: SJackson
They just can't handle the truth can they??? ROFLMAO! Best thing that ever happened to this Nation was idiots like this bringing attention to just how idiotic they are! Liberals, defining stuck on stupid each and every day!
6 posted on 01/09/2006 7:44:41 PM PST by Danae (Anál nathrach, orth' bháis's bethad, do chél dénmha)
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To: SJackson
he will claim that he is not able to comment on cases that might come before the court. This is a deliberate dodge, designed not to protect Alito's ability to judge impartially but to avoid revealing whether his ideas are within the mainstream of constitutional interpretation and judicial responsibility.

As opposed to Ruth Ginsburg, who not only declined to comment on cases, but was instructed to--in the hearing room--by Joe Biden.

Of course this guy wants to know how he stands on Bush v. Gore, thus completing the transformation of this process into a completely political irrelevency.

7 posted on 01/09/2006 7:45:10 PM PST by Darkwolf377 ("Stay off our corner!")
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To: lafroste
will lie to the committee, intentionally and repeatedly.

Aw come on scoop, Isn't that the standard judge Buzzi set?

8 posted on 01/09/2006 7:48:43 PM PST by Not now, Not ever! (This tag-line is temporarily closed for remodeling)
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To: SJackson
This is a deliberate dodge, designed not to protect Alito's ability to judge impartially but to avoid revealing whether his ideas are within the mainstream of constitutional interpretation and judicial responsibility.

I would suggest to the idiot that wrote this drivel that a judge who has served for 15 years on a U.S. Circuit Court of Appeals has already demonstrated whether or not his ideas are within the mainstream, blah blah blah. Of course we all know that "mainstream of constitutional interpretation" is simply code for "advancing the leftist agenda that cannot be attained via the legislative process." "Judicial responsibility" means disregarding the Constitution to advance that agenda. And so it goes in this great land of ours.

9 posted on 01/09/2006 7:53:50 PM PST by Gee Wally
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To: SJackson
Does he agree that the court was right to intervene, for the first time in history, to stop the counting of the ballots that could have determined the result of a presidential contest?

The "legal" vote was over after the original recount. What followed was illegal crapola intended to allow Gore to steal the election. The Supreme Court put a stop to that illegal and outrageous attempted coup d'etat.

10 posted on 01/09/2006 8:05:44 PM PST by Semi Civil Servant (The Main Stream Media: Al-Qaeda's most effective spy network.)
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To: SJackson; Ingtar

What else but bias and illogic would one expect in an editorial in a publication which bills itself as "Madison's Progressive Newspaper"?

Obviously, the word "Progressive" has been mangled by the Left to mean anything but "progress." "Progressive" as used in their sense of the term is nothing but left totalitarian. That's actually retrogressive, because it implies going back ("retro") to a society modeled after the defunct Soviet Union.


11 posted on 01/09/2006 8:08:15 PM PST by justiceseeker93
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To: SJackson

Gee. Should a state, in this case Forida, be required to follow the election laws that the legislature passed? If they want more time for recounts then change the law.


12 posted on 01/09/2006 8:18:46 PM PST by byteback
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To: SJackson

Another answer. "I agree with Sandra Day O'Connor and would vote in accordance with her swing vote".


13 posted on 01/09/2006 8:30:21 PM PST by byteback
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To: byteback
""I agree with Sandra Day O'Connor and would vote in accordance with her swing vote".

Exactly...

14 posted on 01/09/2006 8:50:04 PM PST by Katya (Homo Nosce Te Ipsum)
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To: Katya

It was nice of Kennedy to call or infer that Alito is a racist right in front of his family, i.e. his children, his wife, etc. although I knew that wouldn't (and shouldn't I suppose, since it's a high office and all, but....) I was wondering how nasty they would get, and it was just opening statements. They, the dems, were all sickening as usual.


15 posted on 01/09/2006 9:22:06 PM PST by tina07 (In Memory of my Father - WWII Army Air Force Veteran)
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To: justiceseeker93
"Progressive" as used in their sense of the term is nothing but left totalitarian. That's actually retrogressive, because it implies going back ("retro") to a society modeled after the defunct Soviet Union.

And morally back to a society modeled after the Roman Empire at the time of Nero and Caligula.

16 posted on 01/09/2006 9:28:31 PM PST by etlib (No creature without tentacles has ever developed true intelligence)
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To: SJackson
Actually, Bush v. Gore is a somewhat interesting case, and one could argue that it represented judicial activism. Not because the actions of the Gore or the SCOFLA were even remotely proper, but rather because the proper remedy lay with the Florida state legislature.

To be sure, an argument could be made that forcing things to go down that road would have been worse for the country than having the Supreme Court simply say "enough is enough". And given the sequence of events that could likely have unfolded, such an argument would probably be correct. On the other hand, unlike politicians whose duty is (supposed to be) to promote the good of the country, a judge's job is to uphold the law even when doing so would seem to go against the country's interests.

Hardly a trivial case, really. As a practical matter, I think that liberal judicial activism sometimes necessitates conservative judicial activism. Much as I dislike judicial activism by either side, bending the rules to quash liberal judicial activism may do less damage to the rule of law than allowing liberal lawlessness to go unchecked.

17 posted on 01/09/2006 9:38:38 PM PST by supercat (Sony delinda est.)
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