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Turley: “There Will Be No One to the Right of Sam Alito on This Court” (Hear, hear!)
Today Show transcript ^ | October 31, 2005 | Jonathon Turley

Posted on 10/31/2005 10:18:38 AM PST by freedomdefender

When Harriet Miers’ nomination was first announced, George Washington University law professor Jonathan Turley called her an “amazingly bad choice.” This morning, he weighed in Samuel Alito:

JONATHAN TURLEY: He’s the top choice for particularly pro-life people. Sam Alito is viewed as someone who is likely to join the hard right in likely narrowing Roe and possibly voting to overturn Roe.

KATIE COURIC: So he is a strict constructionist in every since of the word? I know President Bush is looking for a conservative jurist, so he fits the bill in terms of someone who will interpret the Constitution literally and may disagree with the right to privacy, which is the foundation of Roe v. Wade?

TURLEY: Oh absolutely. There will be no one to the right of Sam Alito on this Court. This is a pretty hardcore fellow on abortion issues.

COURIC: Not even Antonin Scalia?

TURLEY: They’ll have to make a race to the right, but I think it will be by a nose, if at all. …

COURIC: And ideology trumped gender in this case, right?

TURLEY: I think so. I think the president wanted, first of all, to show he could pick someone who was clearly qualified and has the resume, but he also wanted to rally his base. He’s done both with Sam Alito. No one on the conservative base can be unhappy with Sam Alito. The question is whether they can weather this storm that will be coming, I think, and whether there will be a filibuster.


TOPICS: Constitution/Conservatism; Editorial
KEYWORDS: alito; jonathanturley; liberalnightmare; miers; scotus
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To: dangus
Like it's some bizarre notion to interpret the Constitution literally.

Hello! It's not a novel.

81 posted on 10/31/2005 11:18:15 AM PST by AmishDude (Welcome to the judicial oligarchy.)
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To: Maceman
You're ignoring the other alternative, which is in fact what the 9th and 10th amendments are referring to-- the rights any person (or state) possessed as a principle of law in 1789 not explicitly transferred to the Federal government or place under the jurisdiction of Congress.

A 'right to privacy' might be a good idea, but then it needs to be clearly stated as a principle and adopted as an amendment. Otherwise, it's a legal fiction that can be expanded (or contracted) depending upon the prejudices of the judges sitting on the SCOTUS.

82 posted on 10/31/2005 11:18:23 AM PST by pierrem15
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To: KMAJ2
You use an assumption, rather than fact, that Miers was/is a fundamentalist moderate

You might have a point there. Miers likely would have gotten on the court and voted like David Souter on most issues.

But, how in world can any pro-Miers person not acknowledge that Samuel Alito in an infinitely better choice for Supreme Court than Miers would have been? I guess pride wouldn't allow such admissions. But, conservatives are far better off with a known originalist with clear Constitution philosophy on the bench than Miers.

83 posted on 10/31/2005 11:20:09 AM PST by Ol' Sparky
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To: freedomdefender
"Hard right" = thinks that dismembering and ripping an unborn baby from the womb is wrong and should be illegal.

Yeah, that's us.
84 posted on 10/31/2005 11:20:34 AM PST by Antoninus (The greatest gifts parents can give their children are siblings.)
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To: PeoplesRepublicOfWashington
Scalia, Alito...will the SCOTUS be over-Italicized?

Italics are people too

85 posted on 10/31/2005 11:20:42 AM PST by NeoCaveman (Confirm Judge Alito now)
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To: uncbob
And what will the Meirs supporters do

We won't behave like the Miers opposition.


86 posted on 10/31/2005 11:21:39 AM PST by AmishDude (Welcome to the judicial oligarchy.)
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To: Ol' Sparky
Miers likely would have gotten on the court and voted like David Souter on most issues.

Oh, please, you people are insane. Just insane.

87 posted on 10/31/2005 11:22:30 AM PST by AmishDude (Welcome to the judicial oligarchy.)
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To: Ol' Sparky
But, how in world can any pro-Miers person not acknowledge that Samuel Alito in an infinitely better choice for Supreme Court than Miers would have been?

What was Alito's major in college?

If it wasn't math, he's an academic wuss compared to Miers, skating by in an easy subject.

Miers was trained in the idea of abstract thinking. But Breyer, who has similar academic credentials to Alito, can't seem to comprehend that the Constitution might be abstract enough to apply to today. Apparently that supergenius can't function unless he has an instruction booklet.

88 posted on 10/31/2005 11:24:32 AM PST by AmishDude (Welcome to the judicial oligarchy.)
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To: Rodney King

In my judgement, you keep throwing rhetorical bombs, without any valid reasoning behind them. You ignore recent history, and perpetuate the divisions that became apparent with Miers' nomination.

After all - pillorying Miers for her religious affiliation was fair game, but noticing Alito's appears to be out of bounds (based on my reading of your posts).

That's what I mean by "the division".

I am not bitter - but I do bristle at unnecessarily abrasive language.


89 posted on 10/31/2005 11:25:47 AM PST by MortMan (Eschew Obfuscation)
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Comment #90 Removed by Moderator

To: LibertySF
Welcome to FreeRepublic.

Watch your head, those bridges can be mighty low.

91 posted on 10/31/2005 11:31:06 AM PST by AmishDude (Welcome to the judicial oligarchy.)
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To: MortMan
After all - pillorying Miers for her religious affiliation was fair game, but noticing Alito's appears to be out of bounds (based on my reading of your posts).

Well, you totally misread my posts. Where did I ever pillory Meirs for her religious affiliation? I want as many Christians on the court as possible.

92 posted on 10/31/2005 11:31:25 AM PST by Rodney King (No, we can't all just get along.)
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To: No Longer Free State
That's reflexive and to be expected. But look at her quote:I know President Bush is looking for a conservative jurist, so he fits the bill in terms of someone who will interpret the Constitution literally and may disagree with the right to privacy, which is the foundation of Roe v. Wade.

She therefore says that someone who interprets the Constitution literally disagrees with the right to privacy because it literally isn't there.

93 posted on 10/31/2005 11:33:14 AM PST by MarcusTulliusCicero
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To: ModelBreaker
This appointment will turn out to be the defining moment of Bush's second term.

Little early to put a period to Bush's second term.

94 posted on 10/31/2005 11:33:55 AM PST by Racehorse (Where your treasure is, there will your heart be also.)
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To: Ol' Sparky

[[You might have a point there. Miers likely would have gotten on the court and voted like David Souter on most issues.]]

Like I said, assumption, something you nor I will ever know, likely or otherwise, the Miers debate is over

[[But, how in world can any pro-Miers person not acknowledge that Samuel Alito in an infinitely better choice for Supreme Court than Miers would have been? I guess pride wouldn't allow such admissions. But, conservatives are far better off with a known originalist with clear Constitution philosophy on the bench than Miers.]]

You again base your argument on assumption, I have seen no one say the Miers pick was superior to Alito or refuse to acknowledge said assumption. My personal opinion was that Estrada would be the best nomination, even superior to Alito. But I fully support the nomination of Alito.

My whole point is 'Let the Miers nomination go'. Stop pandering to division and start pulling people together, Alito is going to be a tough battle and we need ALL conservatives unified joining in the fight.


95 posted on 10/31/2005 11:36:32 AM PST by KMAJ2 (Freedom not defended is freedom relinquished, liberty not fought for is liberty lost.)
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To: Prophet in the wilderness

Hell, I think she did it consciously and directly. She just thinks nobody will notice because she's the 'cuddly katie curric'.


96 posted on 10/31/2005 11:37:44 AM PST by No Longer Free State (No event has just one cause, no person has just one motive, no action has just the intended effect.)
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To: LibertySF
As for overturning Roe v. Wade, I'm not entirely certain that it'd be a good thing for anybody (including the unborn), since some states would outlaw abortion and other states would keep it legal.

And would not that cause many libs to move to pro-abortion states, concentrating there vote and permanently ceding the senate to conservatives and moderates?

97 posted on 10/31/2005 11:38:05 AM PST by MrEdd
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To: Maceman

I am quite aware of the 9th Amendment. I am also aware of the 5 different originalist interpretations of it. To which do you subscribe?


98 posted on 10/31/2005 11:39:29 AM PST by MarcusTulliusCicero
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To: freedomdefender
They (Scalia and Alito) will have to make a race to the right, but I think it will be by a nose, if at all. …

And upon their arrival, Thomas will say, "What took you so long?"

99 posted on 10/31/2005 11:40:15 AM PST by Rightwing Conspiratr1 (Lock-n-load!)
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To: Rhadaghast
How else should someone read the constitution other than 'Literally'.

Justice Breyer thinks it's an outline with vague and amorphous boundaries. I swear him and Ginsberg must hit the crack pipe every weekend.

100 posted on 10/31/2005 11:42:58 AM PST by Rightwing Conspiratr1 (Lock-n-load!)
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