I think one reason why the Democrats have been reeling is that Judge Alito has been more forthcoming in answering questions than they expected. I suspect that their game plan contemplated Alito being in more of a defensive crouch, declining to respond to questions relating to issues that might come before the Court. In fact, while Alito has taken that tack on occasion, he has been very open in discussing his judicial philosophy and specific cases.
An excellent example occurred this morning, when Alito was asked about the propriety of relying on foreign laws and court decisions for guidance on the application of the Constitution. The New York Times reports:
"I don't think it's appropriate or useful to look to foreign law in interpreting the provisions of our Constitution," Judge Alito said in response to questions from Senator Tom Coburn, Republican of Oklahoma, in the third day of the judge's confirmation hearings before the Senate Judiciary Committee.
"I think the Framers would be stunned by the idea that the Bill of Rights is to be interpreted by taking a poll of the countries of the world," Judge Alito said. "The purpose of the Bill of Rights was to give Americans rights that were recognized practically nowhere else in the world at the time. The Framers did not want Americans to have the rights of people in France or the rights of people in Russia or any of the other countries on the continent of Europe at the time; they wanted them to have the rights of Americans."
Wonderful.
:-) Thanks
Here's Scotusblog - (sl notes -- pretty funny)
4:50 Speaking of which, Graham says he should have a cup of coffee with Justice Ginsburg at some point, given how often he brings her up. He notes in her job at the ACLU she represented some really distatesful causes. But he wouldn't tar her for that association.
4:48 Graham notes that politicians are in a particularly poor position to make accusations of guilt by association, given that they often end up getting their pictures taken with people they later wish they hadn't.
Wow. What a great answer. I'm so glad Coburn asked it. I hope Ruth Buzzy Ginsberg was listening to that slap-down.
I think there is a lot of truth to this. The Dems strategy has been to use unreleased records or refusal to discuss cases that may come before the court to demonize the nominee. With Alito they have instead received answers that show not just his qualifications but basic decency and common sense.
That was a great response by Alito, and nothing less than we expected of him.
Graham: It's my fervent hope that this capable candidate serves on the Supreme Court of the United States.
Schumer up.