Justice Alito and the Constitutional Option

Hugh Hewitt ^ | October 31, 2005 04:12 AM PST | Hugh Hewitt

[AFPhys]

Me too.

[savedbygrace]

I'll take either victory.

[savedbygrace]

You might be right. We'll soon see what the Dims decide is in their best interest.

[Lexinom]

"No replies."

[rockrr]

I understand McSwain has taken a "wait and see" attitude - what a bold move!

checkers's approach of having the "squishies" come out early could really diffuse this.....but then they wouldn't be "squishies", would they? ;'}

[Checkers]

bump

[George W. Bush]

Hewitt must be a bit off balance from the Miers dustup.

He indicates that Hagel might vote against Alito while ignoring Nelson (D-NE) who seems perfectly willing to go along with Alito on TV tonight during an appearance on MSNBC with Hatch. Certainly, Hatch did the heavy lifting for Alito but Nelson could hardly be described as being in opposition. Still a Democrat but a far more moderate one, one willing to play the Miller card if he likes but without burning his bridges to his base, an aging moderate Democrat and younger liberal Republican base. I don't know that he's too afraid of the GOP recruiting an opponent in his election next year, given that Johanns, the only credible candidate, abandoned his governor's post without completing his term to serve as Bush's ag secretary. This has pretty much ruined Johanns' chances of returning for an '06 run.

Nelson was actually making a tenuous defence of Alito's Casey dissent, mentioning that while he was governor, he helped shepherd a parental notification bill through the Unicameral. I'm not certain everyone in Nebraska would agree with Nelson's characterization exactly but Nelson didn't cause trouble over it either. Nelson also hinted that it may be time to re-visit the abortion issue in general. It is notable that Nelson was willing to provide some cover for Alito on talking points being used against Alito and to try to be positive toward him while not surrendering too much ground. It indicates to me that Nelson is ready to confirm Alito. And that means Hagel must already be fully on board for Alito. Those two are rarely any great distance apart on key issues, especially on red-meat issues. It's not in the interests of either one to be too far apart and Nebraska's conservative voters don't like it.

Anyone who thinks Nelson is going to get to the far Right of Hagel (by Dim and MSM standards) really needs to think again.

Hugh, stop takin' them crazy pills!