Skip to comments.AMERICA - The Right Way!! (Day 1745) [Remember the Trade Center!!]
Posted on 10/31/2005 4:50:26 AM PST by Chairman_December_19th_Society
We will not tire, we will not falter, and we will not fail!
Do not let the victims of the attacks on New York and Washington, nor the brave members of our Nation's military who have given their lives to protect our freedom, die in vain!!
Senate Minority Leader Harry Reid has called upon Karl Rove to resign, and upon the President to pressure him to do so.
In response, it appears likely the President will throw Senator Reid the Senatorial bird (as opposed to Senator Byrd, but that's another rant...) by nominating Circuit Court Judge Samuel Alito (another nominee that's going to take some typing practice to spell correctly, oh well).
A synopsis of the Judge's actual judicial opinions [Courtesy: FR's YaYa123]:
A majority opinion in ACLU v. Schundler, 168 F.3d 92 (3d Cir. 1999), holding that the Establishment Clause was not violated by a city hall holiday display that contained a creche, a menorah, secular symbols of the season, and a banner proclaiming the city's dedication to diversity.
A majority opinion in Fatin v. INS, 12 F.3d 1233 (3d Cir. 1993), holding that an Iranian woman seeking asylum could establish that she had a well founded fear of persecution in Iran if she could show that compliance with that country's "gender specific laws and repressive social norms," such as the requirement that women wear a veil in public, would be deeply abhorrent to her. Judge Alito also held that she could establish eligibility for asylum by showing that she would be persecuted because of gender, belief in feminism, or membership in a feminist group.
A majority opinion in Saxe v. State College Area School District, 240 F.3d 200 (3d Cir. 2001), striking down as contrary to the First Amendment a public school district anti-harassment policy that extended to nonvulgar, non-school-sponsored speech that posed no realistic threat of substantial disruption of school work.
A majority opinion in Shore Regional High School Board of Education v. P.S., 381 F.3d 194 (3d Cir. 2004), holding that a school district did not provide a high school student with a free and appropriate public education, as required by the Individuals with Disabilities Education Act, when it failed to protect the student from bullying by fellow students who taunted the student based on his lack of athleticism and his perceived sexual orientation.
A majority opinion in Williams v. Price, 343 F.3d 223 (3d Cir. 2003), granting a writ of habeas corpus to an African-American state prisoner after state courts had refused to consider the testimony of a witness who stated that a juror had uttered derogatory remarks about African Americans during an encounter in the courthouse after the conclusion of the trial.
A dissenting opinion in Planned Parenthood v. Casey, 947 F.2d 682 (3d Cir. 1991), arguing that a Pennsylvania that required women seeking abortions to inform their husbands should have been upheld. As Judge Alito reasoned, "[t]he Pennsylvania legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands' knowledge because of perceived problems--such as economic constraints, future plans, or the husbands' previously expressed opposition--that may be obviated by discussion prior to the abortion." Chief Justice Rehnquist's dissent from the Supreme Court's 5-4 [corrected] decision striking down the spousal notification provision of the law quoted Judge Alito's dissent and expressed support for Judge Alito's reasoning.
A dissenting opinion in Homar v. Gilbert, 89 F.3d 1009 (3d Cir. 1996) arguing that that a state university did not violate the procedural due process rights of a campus policeman when it suspended him without pay and without a prior hearing upon learning that he had been arrested and charged with drug offenses. The Supreme Court, which reversed and remanded the case on other grounds, agreed with Judge Alito's reasoning that no hearing was required prior to the suspension because the drug charges showed that the suspension was not baseless.
A dissenting opinion in Sheridan v. Dupont, 74 F.3d 1439 (3d Cir. 1996) (en banc) arguing that a plaintiff in a sex discrimination case should not inevitably be able to survive summary judgment simply by casting doubt on the employer's proffer of legitimate, nondiscriminatory reasons for the adverse employment decision.
Folks--I think we have a real conservative here.
As I said on Friday, the President plays chess, and we need to stick with him.
Now, for the Gang of Seven in the Senate--we're watching. Harry Reid hates this guy. This is well worth the Nuclear Option.
In other news...
The Plamegate special prosecutor is demanding that VP Cheney testify in open court. The Administration will likely invoke Executive Priviledge--sparking a court fight on that issue.
And Prince Charles says he finds the pace of climate change is terrifying and people are becoming too dependent on technology.
For AMERICA - The Right Way, I remain yours in the Cause, the Chairman.
Good morning--what a way to end the month!
And Prince Charles is reported to pressure the president on the benefits of Islam. Ack!
This is what Lindsey Graham had to say to Schumer on Face the Nation yesterday about the Supreme Court pick.
GRAHAM: Well, number one, we're not going to let Senator Schumer define mainstream conservatism. He's my friend, but that's not going to happen. Here's why I was part of the Gang of the 14, and I'm going to lay it all out on the table for you on a Sunday morning. I'm not for filibustering. I think when you start ideologically driven filibusters that are partisan, you erode the people who want to serve over time in the judiciary because it becomes reprisal politics. `We're going to pay back the Democrats.'
So partisan filibusters based on judicial philosophy or ideology erode the judiciary, weaken the presidency and hurt the Senate. So I wanted to stop that and we did. We had a chance to start over. But here's what you're going to get, Chuck. You're going to get a solid conservative. He ran on the idea that `I like Scalia and I like Thomas and I'm going to send a conservative up.' He is not going to pick someone in the mold of Sandra Day O'Connor because we tell him he has to. There's no ideological swap test here. He's going to do what he said he did in his campaign. Roberts was in that kind of mode. Alito, Luttig, all these people are solid conservatives, and if they're filibustered based on ideology and philosophy, that's setting aside an election and the filibuster will not stand.
Good morning to you, everyone.
Bill Bennett's been playing with some sports analogies this a.m.
So I thought of my own:
A good 3rd baseman, doesn't hang back, waiting for the ball to come to him....that's a good way to get "burned" at that tricky defensive place.
A good 3rd baseman instead moves forward on the ball coming toward him, and takes control.
Similarly, President Bush is at his best when he's assertive, even aggressive. He charges the "ball", doesn't hang back, and leaves his opponents flummoxed.
Peach, how's your brother this a.m.?
Joe Wilson in a bind Am. Spectator
An Iraqi city becomes turnaround story Christian Science Monitor
Alito's being compared to Scalia! HA!
My brother is having an echo gram, I think it's called. For one hour, he will be under sedation as a probe is put down his throat which will go into his heart to take pictures.
They are looking for a heart tumor, irregularities and to see if the tumor he had in his aorta has changed in any way.
It is his second operation and his third time under anethesia since Thursday. My mother is a wreck but I'm hopeful they will find that he is fine and release him. Finally. He's going nuts in the hospital, mostly because of the food. LOL
Prayers for your brother and for your mother. (((Peach)))
I hadn't known Alitao served in the Army Reserves as a captain.
I wonder how NOW is going to spin THAT when they denounce Alito?
As for Fitzgerald calling for Dick Cheney to testify in open court, it only reveals that his indictment of Libby is totally political, and he's looking for a way to entrap the Veep.
Thank you so much, Jemian. My mom never used to be a worrier, but now that she's getting older, she worries more.
When you start that horse therapy for kids, I'd love to hear about your experiences with it. We have a program like that here and I'm wanting to do something with it, but I got thrown from a horse many moons ago and am a bit leery :-)
Just read on the Today Show thread that Judge Alito is so conservative he's called Scalito. LOL
Army Reserves ~ the start to a GREAT career.
Somehow, in all of this discussion of your brother, I'd completely missed any concern you had for your Mother. Is somebody with her or is she alone? How far away from you is she?
You've really got your hands full, dear FRiend. I hope the stress of worrying about your brother doesn't land your Mom in some kind of nasty medical situation.
Prayers continue for your family.
I'll keep you posted. On Friday there was an article on FR about horse therapy. To be honest, my daughter's main motivation is to get as close to horses as she can. That it is doing a good deed too is, unfortunately, secondary.
Well, time to get going. This is quilting Monday.
BTW, it's pretty hard to find an excellent lawyer to serve on the USSC...these lawyers just make too much money, and they don't want to give that up..
One reason Judges are judges is because they've already crossed that bar, and accepted the limited income.
You've got to love it when a plan comes together.
My mom and dad (stepdad) live 20 minutes from us. My husband always wanted them to live near us when we retired and they moved here a few months after we did, to our great pleasure.
Mom has always enjoyed excellent health, and this and other things have taken a toll on her this year. But we have a fun day planned this week and it will take her mind off her worries.
Thank you, Iowa Granny, and all, for your prayers for my family. My brother is the best brother a girl could ask for, and I'm just sure he's going to be okay and that the worst is behind him.
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