Alito Is Confirmed To Supreme Court

[Lee]

Jan. 31 (Bloomberg) -- Samuel A. Alito Jr. won U.S. Senate confirmation to replace Justice Sandra Day O'Connor in a mostly partisan vote that helps President George W. Bush move the Supreme Court to the right.

The Senate voted 58-42 to elevate Alito from a Philadelphia- based appeals court, where he has served since 1990, to be the nation's 110th Supreme Court justice. Alito watched the vote from the White House along with Bush. He will be sworn in today in time to attend the president's State of the Union speech to Congress along with Bush's other high court appointee, Chief Justice John G. Roberts Jr.

FOUR Democrats joined 54 Republicans in voting for Alito, whose nomination spurred a partisan debate over whether he would scale back abortion rights or check Bush's claims of war-time powers to fight terrorism. Lincoln Chafee of Rhode Island was the only Republican to oppose Alito.

``There is a grave risk he carries a legal agenda, one that he will bring with him to the Supreme Court,'' said Democratic Senator Frank Lautenberg, who represents Alito's home state of New Jersey.

The rancorous fight over Alito was in contrast to the more harmonious confirmation of Roberts by a vote of 78-22 in September. Roberts replaced the late Chief Justice William H. Rehnquist, a staunch conservative unlike O'Connor, who has been a pivotal vote on such issues as abortion, affirmative action and civil rights.

The number of votes against Alito was the second highest total for a confirmed justice. Clarence Thomas was approved 52-48 by the Senate in 1991.

Political Agenda

Republicans accused Democrats of opposing Alito because he didn't promise at confirmation hearings to promote their party's political agenda.

``Why do liberal special-interest groups and their allies in this body oppose Judge Alito so vehemently?'' asked Texas Republican John Cornyn. ``The reason is that he has refused to do their bidding.''

The son of an Italian immigrant, Alito, 55, grew up in Trenton, New Jersey, was educated at Princeton University and Yale Law School. He joined the Justice Department as an assistant U.S. attorney and rose to become a deputy attorney general in President Ronald Reagan's administration.

He was appointed to the 3rd U.S. Circuit Court of Appeals in 1990 by President George H.W. Bush, the current president's father.

Political Consequences

Democrats warned that decisions Alito renders on the court may become a political issue.

``Votes like these do have consequences on future elections,'' said New York Senator Charles E. Schumer, who heads the Democratic Party's effort to try retake control of the Senate this year. ``When the people actually see the decisions that are rendered by the new court, they will have a strong and countervailing reaction,'' he said.

Democrats argued that Alito was evasive at his confirmation hearings in answering questions about abortion and presidential power, though he had taken strong positions on the issues as a government lawyer or a judge. They cited 1985 memos he wrote stating that the Constitution didn't protect the right to abortion.

Opponents also highlighted a 2000 speech Alito gave supporting the theory of the `unitary executive' as evidence he would uphold Bush's claims of power to detain suspected terrorists without criminal charges or to wiretap the international phone calls of Americans without court warrants.

Presidential Power

Alito testified that he didn't support expanding presidential power. The unitary executive only meant the degree of control the president has over the executive branch, not the scope of the chief executive's power, Alito said.

Democrats were unconvinced.

``Judge Alito did nothing to distance himself from these positions,'' said Robert Menendez, the newly appointed Democratic senator from New Jersey. ``By refusing to candidly discuss where he stands on executive power, he only strengthens my concern about his views.''

Chafee, who is seeking re-election in a predominantly Democratic state, said he is concerned that Alito refused to say the high court's 1973 Roe v. Wade ruling legalizing abortion was settled law.

Like many Democrats who opposed confirmation, Chafee cited Alito's dissent from a 1991 opinion on the Philadelphia-based 3rd Circuit that struck down a Pennsylvania law requiring women to inform their spouses of plans to end pregnancies.

Democrats also cited a 1985 memo he wrote as a Justice Department lawyer recommending a legal strategy for persuading the Supreme Court to chip away at abortion rights and ultimately to overturn Roe.

Abortion Rights

Senate Democratic leader Harry Reid of Nevada said Bush picked Alito only after ``the right-wing torpedoed the nomination of White House Counsel Harriet Miers'' because Republican activists lacked confidence she would support ``their extreme agenda.''

Utah Republican Orrin Hatch argued that the opposition to Alito was based solely on concern he would vote to limit or overturn abortion rights.

``This is all about abortion,'' Hatch said. ``That is the be-all and end-all issue of those who oppose Judge Alito.''. He called Roe v. Wade ``the 800-pound precedent in the room'' and accused Alito's opponents of rigidly clinging to it while seeking to overturn other precedents.

Futile Filibuster

Democrats staged a futile effort to mount a filibuster to derail the nomination. The Senate voted 72-25 yesterday to end debate on the nomination, clearing the way for today's vote. Nineteen Democrats voted against sustaining the filibuster.

``This nominee is not going to be friendly to the average worker, friendly to women's rights and friendly on the issues of race,'' said Massachusetts Senator Edward M. Kennedy.

Cornyn charged that Democrats supported the filibuster because they had ``fallen under the spell'' of advocacy groups that oppose Alito. ``We have more important things to do here than to stage events to facilitate fund-raising by special- interest groups,'' he said.

http://www.bloomberg.com/apps/news?p...top_world_news

How do you folks thing this is going to effect things over the coming years now that we seem to be heading in the direction Bush wants the country to head?

Regards,

Lee

[chadknowslaw]

I think I will draw a warm bath, take a dozen aspirin, slit my wrists and slide in.

[CJ-KJCash]

So now even the pretense of justice is dead.....a dark dark day for humanity.

[desslock]

Another lengthy news article and not one single word about his First Amendment views, which is what would be relevent subject to our industry.

I know people do not think in these terms much, but there are two sides to every coin. Why not trumpet that Alito means another vote for states to allow medical marajuana? Alito is skeptical of the bredth of the Commerce Clause as written in last year's medical marajuana court decision...

As always most of that article just chewed over and rechewed the unswallowed cud of abortion. Look, I consider myself pro choice, but if you ever go and read Roe v Wade, and you look at the arguments that conservatives like Alito say, they do have a point. It really utilized a lot of slight of hand to justify that abortion is constitutionally protected.

I may like the outcome of Roe v. Wade, but I also have to honestly recognize its intellectual flaws. (emenating penumbras?) This is a big difference from the Lawrence v Evans case that asserted a right to privacy in the bedroom on equal protection grounds - which is a stroke of genius. And that decision was written by Reagan appointees.

Steve

[XXXWriterDude]

I may like the outcome of Roe v. Wade, but I also have to honestly recognize its intellectual flaws.

People have been saying this for years, but why even draft another bill just to get the same protections that are already afforded under Roe v. Wade? I mean, christ, who fuckin' cares that it's not a perfect law?

Alito is not an ally to democracy, pure and simple. He's not the Devil's Spawn by any means (that would be the man sitting in the Oval Office right now), but -- even if his appointment means legalized marijuana -- the rest of the things he is against far outweighs any of the "benefits" his appointment may lead to.

At least that's how I see it.

[Madame0120]

I think I will draw a warm bath, take a dozen aspirin, slit my wrists and slide in.

And you don't even have to worry about unwanted pregnancies.

So? Where can a convicted felon move to, eh? Cananda? Belize? Will Mexico take me?

What a mess!

[Northstar]

Why not trumpet that Alito means another vote for states to allow medical marajuana?

Were going to need that marajuana to get through the next 20 or so years on this rightwing court :high:

[slaxxx]

Another lengthy news article and not one single word about his First Amendment views, which is what would be relevent subject to our industry.

I know people do not think in these terms much, but there are two sides to every coin. Why not trumpet that Alito means another vote for states to allow medical marajuana? Alito is skeptical of the bredth of the Commerce Clause as written in last year's medical marajuana court decision...

As always most of that article just chewed over and rechewed the unswallowed cud of abortion. Look, I consider myself pro choice, but if you ever go and read Roe v Wade, and you look at the arguments that conservatives like Alito say, they do have a point. It really utilized a lot of slight of hand to justify that abortion is constitutionally protected.

I may like the outcome of Roe v. Wade, but I also have to honestly recognize its intellectual flaws. (emenating penumbras?) This is a big difference from the Lawrence v Evans case that asserted a right to privacy in the bedroom on equal protection grounds - which is a stroke of genius. And that decision was written by Reagan appointees.

Steve

There may very well be a legitimate argument against the way Roe vs. Wade is written, but any Republican who complains about that is doing so because of the far right and their personal beliefs...not because they actually give a shit about constitutionality.