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Alito expected to move court to right
The Washington Times ^ | 16 January 2006

Posted on 01/15/2006 3:41:36 PM PST by Aussie Dasher

Judge Samuel A. Alito Jr. is poised to join a tradition of pragmatic justices who have moved the Supreme Court to the right in measured steps.

Eighteen hours of questions over four days showed President Bush's nominee to be a judge respectful of legal precedent but hardly starry-eyed. Judge Alito also displayed a strong inclination toward executive authority, a trait not surprising for a lifetime government employee and former Reagan Justice Department lawyer.

By the design of Bush administration officials and despite Democratic efforts to smoke him out, almost nothing was learned in Senate confirmation hearings about Judge Alito's views on transcendent issues likely to come before the court, such as abortion.

Instead, legal experts say, the hearings may have provided more understanding of Judge Alito's influence on the court's changing dynamics when he replaces retiring Justice Sandra Day O'Connor, the decisive vote on abortion, affirmative action and the death penalty.

For example, while Judge Alito will fit comfortably in the conservative camp of Chief Justice John G. Roberts Jr. and Justices Antonin Scalia and Clarence Thomas, legal experts see him as being closer to Justice Scalia than Justice Thomas in his incremental approach to overturning what the court has done before.

"Alito's not going to be a radical," said Christopher Wolfe, a political science professor at Marquette University.

Mr. Bush, in his weekly radio address, said Judge Alito was "a man of character and intelligence" whose long legal career shows he is highly qualified for the court.

The president also called for a prompt Senate vote.

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


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events; Philosophy
KEYWORDS: abortion; alito; babykillers; castingvote; confirmation; judicialnominees; justicealito; mmmmmmmburger; roevwade; sandradayoconnor; scotus
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To: Aussie Dasher
The Court moved to the left in measured 18" steps. We are taking it back in baby steps but taking it back we are. Beyer and Souter were horrible disappointments.

Do you think Ginsberg would have been confirmed were the republicans to use the criteria established by Kennedy and his ilk? I think not. In fact, she couldn't get confirmed even now because the Schumer/Feinstein/Kennedy recalcitrance has set the new tone for the procedure!

Please, oh please have the dems pull the filibuster ploy. That would mean the end to socialism in this country as we know it!
21 posted on 01/15/2006 5:47:53 PM PST by lawdude (LIEberals/socialists make up facts and history as they go!)
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To: lepton

"O'Connor was horribly convoluted and vague where she didn't need to be."

When I was in Law School in 1991, O'C wrote an opinion dealing with intellectual property. Since I was taking a patent/copyright course at the time the Prof had us study it. After 2 classes, he came to the conclusion that it made no sense at all. It didn't. IMHO, she was a token female in waaay over her head.


22 posted on 01/15/2006 5:55:29 PM PST by lawdude (LIEberals/socialists make up facts and history as they go!)
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To: Paleo Conservative
I like his leanings, hers too by the way.

Image hosted by Photobucket.com

23 posted on 01/15/2006 5:55:33 PM PST by mware (The keeper of the I's once again.)
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To: martin_fierro
Earl Warren Warren Burger David Souter Alito expected to move court to right We'll see. You're right. They always seem to "grow" once in office. Must be in the water.
24 posted on 01/15/2006 5:56:25 PM PST by HoosierHawk
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To: Clintonfatigued

"It's the next vacancy that will really decide the future of the Court. Let's hope it happens while Bush is still in office and the GOP still controls the Senate."

Rush has an interesting take on this situation. When dems are out of power, they feel helpless and when they are not in control, the game isn't fun anymore.

So, since they can't make serious contributions (in their eyes) they opt out. Many dems will take this view and not run for reelection.

So too with liberal judges. Once they understand they are not the majority and will not be making law any more, the older, less healthy of they may just opt out. Ginsburg is ill, and at least one other is likely to bail in the next 2 years.

This could be fun!


25 posted on 01/15/2006 6:13:42 PM PST by lawdude (LIEberals/socialists make up facts and history as they go!)
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To: Aussie Dasher
Llegal experts see him as being closer to Justice Scalia than Justice Thomas in his incremental approach to overturning what the court has done before.

I do too.

Roe v Wade will soon be re-visited and found defectively unconstitutional IF Justice Kennedy can be counted on to ignore European Law.

26 posted on 01/15/2006 6:18:06 PM PST by F16Fighter
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To: Aussie Dasher
David Souter: The single most stupid selection EVER by a Republican.

Thank you GH-NWO Bush for that AND ensuring Bubba Clinton's election with your sham campaign in '92.

27 posted on 01/15/2006 6:21:35 PM PST by F16Fighter
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To: lawdude
"Ginsburg is ill, and at least one other is likely to bail in the next 2 years."

Sipping from her cauldrom of eye of newt, bat ears, and spider droppings may finally be catching up with her after all??

She is satan's daughter.

28 posted on 01/15/2006 6:24:27 PM PST by F16Fighter
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To: martin_fierro

"To this day, Souter has avoided validating either camp." Can anyone name one case of significance in which Souter did not vote with the Ruth Bader Ginsburg wing of the court?


29 posted on 01/15/2006 7:21:40 PM PST by arnoldpalmerfan (Tancredo for President 2008)
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To: lawdude

O'Connor is the ultimate example of an affirmative action appointee gone bad, talking waaaay too much to establish how smart she is when it's far too obvious she's in over her head. Thomas, on the other hand, is an affirmative action appointee who has his head on straight--he's unsure if he's up to the level of the other appointees but he's not willing to f up a good thing by yapping stupidly in oral argument or making an ass of himself in writing opinions that are beyond his grasp.

O'Connor always has some sort of stupid 5-point test she's made up on the fly. Or her most egregious idiocy, that "it's in the Constitution 25 more years" line in Grutter. Thomas, when he does have something to add, is stellar in his foundation and flawless in his execution.

God save us from more O'Connors, and God grant us the good fortune that the High Court be made up of humble and talented men like Clarence Thomas. We should be so lucky as to have Justice Alito agree with him 95% of the time.


30 posted on 01/15/2006 9:54:19 PM PST by LibertarianInExile (Freedom isn't free--no, there's a hefty f'in fee--and if ya don't throw in your buck-o-5, who will?)
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To: F16Fighter

"Roe v Wade will soon be re-visited and found defectively unconstitutional IF Justice Kennedy can be counted on to ignore European Law."

As long as you're dreaming, I'd like a mint condition Chevy Nomad.


31 posted on 01/15/2006 9:56:16 PM PST by LibertarianInExile (Freedom isn't free--no, there's a hefty f'in fee--and if ya don't throw in your buck-o-5, who will?)
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To: arnoldpalmerfan

"." Can anyone name one case of significance in which Souter did not vote with the Ruth Bader Ginsburg wing of the court?"

Souter is Ruthie's little weasel boy.....he cozies up to her like a forlorn puppy. When Buzzy goes away the weasel will be weaned from her bat milk.


32 posted on 01/15/2006 10:14:57 PM PST by tflabo (Take authority that's ours)
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To: Blue Turtle
The only radicals I know are left wing nuts. Take a look at that Vermont judge....60 days for raping a 4 year old for years!! And the state wants treatment for HIM!!!! President Bush is a conservative, it is his right to nominate whoever he pleases.

Oh really ? Just look at the Farm bill and the federalizing of Education. Not to mention a massive new Federal department and calling Islam a religion of peace. So its OK for a president to be a ultra liberal but not a judge ?
33 posted on 01/15/2006 10:35:10 PM PST by newfarm4000n (God Bless America and God Bless Freedom)
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To: martin_fierro

Warren Burger

Mmmmmmm.... Burger....

34 posted on 01/16/2006 12:12:24 AM PST by presidio9 (Si hoc legere scis nimium eruditionis habes.)
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To: Aussie Dasher; P-Marlowe; jude24; OrthodoxPresbyterian

While Alito is probably an improvement over many who are already on the court, to include O'Conner, I think he showed far too much deference to precedence, the precious stare decisis, at the Supreme Court level.

If they're killing people, and precedent says it's OK, and even if it's been ruled OK a thousand times or more by previous Supreme Courts, it is still wrong, and such a precedent deserves no credence whatsoever and should be immediately overturned.


35 posted on 01/16/2006 4:10:43 AM PST by xzins (Retired Army Chaplain and Proud of It!)
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To: LibertarianInExile

Since Kennedy can't be counted on, cancel you order for that Chevy Nomad ;-)


36 posted on 01/16/2006 6:22:20 AM PST by F16Fighter
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