Besides, nobody could be fatter than the Orca.
Posted on 01/12/2006 5:14:27 AM PST by OXENinFLA
Day 4: Hearing Resumes
This morning, Senators will question Judge Alito during a third round. They will then go into a closed session, to review the FBI background investigation on the Supreme Court nominee. Outside witnesses may be called to testify this afternoon, as well as the American Bar Association, to discuss its recommendations.
THURS., 9:00AM ET, C-SPAN
Live Links
p u n t
Leahy is even lower than I thought.....he questions the motives of these judges.
4:43: Senator Hatch asks Judge Becker, the "101st Senator," about Judge Alito's handling of the application of circuit precedents. It has been implied that Alito selectively applies precedents. Hatch is asking how Becker would categorize Alito's approach to precedent.
Becker says Alito followed precedent unless a case was dicta or could be distinguished.
4:41: Senator Hatch is up. He cares for Judge Aldisert. He "got emotional." With few exceptions Hatch loves the federal courts. Exceptions they could name. Afterall, says Hatch, Congress passes unconstitutional legislation all the time.
Senator Hatch is answering Senator Feinstein's question. Saying that Alito said that Casey modified Roe and they are settled.
4:39: Senator Feinstein was puzzled when she read Roberts' statement on Roe. Roberts said he felt that Roe was settled law. Feinstein asked Judge Alito if he agreed with Roberts and Roberts said it depends on what settled means. Senator Feinstein asks Judge Barry what that meant.
The Judges are declining to respond.
4:37: Judge Becker is responding. Asking Senator Feinstein to keep in mind that 80-85% of cases are affirmed. That evaluations might be skewed. He's never seen any evidence that Alito is against the little guy - the big guy might have been winning in the district court.
Judge Aldisert is pointing out that the reversal rate is actually lower.
Judge Barry points out the constraints of various standards of review.
4:36: Senator Feinstein is thanking the panel. She is asking the panel how they look at the evaluations that have been done on Alito's jurisprudence that show him against the "little man."
4:33: Judge Aldisert is pointing out that Alito is of Italian origin and that such Americans faced discrimination until recently.
No taker here. I think we at best get Ben Nelson (NE), and maybe Lieberman, but I doubt even he will vote for Alito. In return, I think we lose the Northeastern RINOs (Snowe, Collins and Chaffee) to the Dims. Thus, my final vote prediction is 53-47.
Unless, of course, the Dims decide to go ahead and pull the filibuster trigger. Then all bets are off.
Besides, nobody could be fatter than the Orca.
We knew that was coming.
he is an arrogant fool
i cannot believe he did that
Did you all hear what Leaky Leahy essentially just did?
He declined to ask questions of the judges because, he intimated, telling the truth would compromise them when they heard cases in front of the Supreme Court. That was my take on it, anyway.
I love that
What do you mean all lib judges? First, they're not all liberal. Second, either Alito is applying the law or he's not. Wasn't that the point? I'm tired of hypocrites who claim that they want judges to act judicial restraint but are upset by the "maybe he/she isn't a conservative" argument. Either he's following the law or he's not.
The room is only so big....fools his size take up a lot of space.
outrageous
Woo Hoo! The "Used Toothbrush Club" ME TOO!
:-)So do I
He said that??
ab-so-damn-lutely
Ooops! Bad analogy.....bad donna!!
Let's see...how do I get out of this??
Yeah, but you also make sure you're informed in every aspect of your life! Yeah, that's it!! I'll stop digging now, and I'm headed to my corner now for a time out. ;>)
These guys are thinking and talking as judges, not politicians or "regular people." In five years, Alito will far surpass Scalia and Thomas and lap Roberts.
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