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Alito It Is (Or So It Seems)
ConfirmThem.com ^ | 10/28/2005 | Erick

Posted on 10/28/2005 8:33:00 AM PDT by Rutles4Ever

Multiple sources are telling RedState that Samuel A. Alito, Jr. of the Third Circuit Court of Appeals will be named by the President at the next associate justice of the United States Supreme Court as early as Monday.

“The situation is still in flux,” says one source, “but not very much.” Says another, “The White House Counsel’s Office is not doing too good at keeping this a secret.”

Still another source says, “Luttig and Alito were the fall backs to Miers. They have both been vetted. Alito seems more palatable. There is no need to drag this out, he’s been vetted a million times.”

And yet another source tells me that he is convinced Alito is the nominee barring some last minute unforeseen issue. All signs are pointing to Judge Alito right now. Things could change, but as the weekend draws closer it seems more and more likely that Judge Alito will be the nominee and conservatives will have a fight on their hands in the Senate — a very winnable fight.


TOPICS: Front Page News
KEYWORDS: alito; bush; judicialnominees; miers; scotus
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1 posted on 10/28/2005 8:33:01 AM PDT by Rutles4Ever
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To: Rutles4Ever

If it is Alito, I'll be extremely satisfied.


2 posted on 10/28/2005 8:33:56 AM PDT by RockinRight (Itís likely for a Conservative to be a Republican, but not always the other way around)
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To: Rutles4Ever

I will do backflips all next week if this is true.


3 posted on 10/28/2005 8:33:57 AM PDT by NYS_Eric
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To: Rutles4Ever

Related....

http://exposingtheleft.blogspot.com/2005/10/scotus-nominee-whats-money-bet.html


4 posted on 10/28/2005 8:34:11 AM PDT by traderrob6
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To: Rutles4Ever

Well, that would certainly be in keeping with his promise to nominate someone in the mold of Scalia/Thomas.


5 posted on 10/28/2005 8:34:12 AM PDT by NittanyLion
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To: NYS_Eric

I'll do the same.

If true, the President has certainly redeemed himself with me.


6 posted on 10/28/2005 8:34:41 AM PDT by RockinRight (Itís likely for a Conservative to be a Republican, but not always the other way around)
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To: NYS_Eric

So I assume this is a good thing?

1. Will El Rushbo be happy with this choice?

2. Will I be happy with this choice?

3. Will the extreme right wingers on FR be happy with this choice?

4. Will DU freak out?


7 posted on 10/28/2005 8:35:13 AM PDT by edmond246 (God Bless America)
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To: Rutles4Ever

I'm not all that familiar with Alito, do you know anything about him?


8 posted on 10/28/2005 8:35:49 AM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: edmond246

"Yes" to all of the above.


9 posted on 10/28/2005 8:35:49 AM PDT by Rutles4Ever (Stuck on Genius)
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To: Rutles4Ever

I won't be happy unless Chuck Schumer screams like a girl.


10 posted on 10/28/2005 8:36:19 AM PDT by dead (I've got my eye out for Mullah Omar.)
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To: wagglebee

http://www.usnews.com/usnews/news/articles/050719/19alito.htm


11 posted on 10/28/2005 8:36:55 AM PDT by cotton1706
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To: RockinRight

Ditto


12 posted on 10/28/2005 8:37:04 AM PDT by ncountylee (Dead terrorists smell like victory)
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To: Rutles4Ever

He can't do that, we already have an Italian.


13 posted on 10/28/2005 8:37:07 AM PDT by bigsigh
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To: Rutles4Ever
Whew! When I first looked at this I thought it said Judge Ito!


14 posted on 10/28/2005 8:37:18 AM PDT by TravisBickle
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To: edmond246

Regarding your four questions:

1. Yes
2. If you like Scalia then your answer is Yes
3. I am one, and the answer is Yes.
4. They won't be happy.


15 posted on 10/28/2005 8:37:24 AM PDT by NeoCaveman (Janice Rogers Brown for SCOTUS.....)
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To: Rutles4Ever

I still like Luttig, meh.


16 posted on 10/28/2005 8:37:28 AM PDT by zendari
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To: edmond246

1. Yes
2. If you like Scalia, yes. He's quite similar.
3. Well, many of them are never happy.
4. YES, the National Weather Service will have to issue a Suicide Watch for all of greater DU.


17 posted on 10/28/2005 8:37:52 AM PDT by RockinRight (Itís likely for a Conservative to be a Republican, but not always the other way around)
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To: wagglebee

http://www.sctnomination.com/blog/archives/candidates/alito/index.html

Brief biography
Judge Alito currently serves on the U.S. Court of Appeals for the Third Circuit. Prior to his nomination to the Third Circuit by President George H.W. Bush, he served as U.S. Attorney for the District of New Jersey (1987-1990), Deputy Assistant Attorney General (1985-1987), and Assistant to the Solicitor General (1981-1985).

Judge Alito was born in 1950 in Trenton NJ. He attended Princeton University and Yale Law School. He clerked for Judge Leonard I. Garth on the Third Circuit.

Notable opinions:

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 6-3 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.




18 posted on 10/28/2005 8:38:01 AM PDT by Rutles4Ever (Stuck on Genius)
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To: Rutles4Ever; All

Alito... I can defintely support that.

No Sykes... Diana Sykes is divorced... the Dems would go through the divorce papers and stuff... too messy.


19 posted on 10/28/2005 8:38:16 AM PDT by faithincowboys
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To: zendari

Yea but Alito's nickname is "SCALITO"


20 posted on 10/28/2005 8:38:19 AM PDT by traderrob6
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To: wagglebee

His nickname is "Scalito (as in Scalia)."

'Nuff said.


21 posted on 10/28/2005 8:38:24 AM PDT by RockinRight (Itís likely for a Conservative to be a Republican, but not always the other way around)
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To: edmond246

They call him Scalito.


22 posted on 10/28/2005 8:38:27 AM PDT by Huck (My very first post on the Miers pick, 10/3/05, 7:33:22 AM EDT: "Bad news for us.")
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To: wagglebee
I'm not all that familiar with Alito, do you know anything about him?

I posted this on another thread. It looked appropriate here.

I looked up his name in Wikipedia. Normally I wouldn't trust it on any controversial issue or person, but I loved this line:

His ideological likeness to United States Supreme Court Associate Justice Antonin Scalia has earned him the nickname "Scalito."

I like him already.

23 posted on 10/28/2005 8:39:07 AM PDT by KarlInOhio (We were promised someone in the Scalia/Thomas mold. Maybe <strike>next</strike> this time.)
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To: RockinRight

Thank you!


24 posted on 10/28/2005 8:39:22 AM PDT by edmond246 (God Bless America)
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To: Rutles4Ever

If this is true, it would appear President Bush has heard our voices.


25 posted on 10/28/2005 8:40:22 AM PDT by Diplomat (Give me a real Conservative on the Supreme Court, or give me Republican party death!)
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To: edmond246

Yes, yes, yes, and yes.


26 posted on 10/28/2005 8:40:28 AM PDT by thoughtomator (Ninety-nine Republican Arlen Specters arenít worth one Democratic Zell Miller)
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To: Rutles4Ever; RockinRight

I will be VERY HAPPY he is the nominee.


27 posted on 10/28/2005 8:40:34 AM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: dubyaismypresident

The DU'ers will go abso-frickin-lutely NUTS if it's him.

I can't wait!


28 posted on 10/28/2005 8:40:56 AM PDT by RockinRight (Itís likely for a Conservative to be a Republican, but not always the other way around)
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To: TravisBickle

LOL!


29 posted on 10/28/2005 8:41:01 AM PDT by BigSkyFreeper ("Tucker Carlson could reveal himself as a castrated, lesbian, rodeo clown ...wouldn't surprise me")
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To: KarlInOhio

Yeah, I already saw that. This sounds great!


30 posted on 10/28/2005 8:41:15 AM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: Huck

lets hope our quisling senators grow a pair


31 posted on 10/28/2005 8:41:17 AM PDT by italianquaker (Bush Derangement syndrome coming to a theatre near you)
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To: RockinRight
The DU'ers will go abso-frickin-lutely NUTS if it's him. I can't wait!

No indictiments for felonies, plus Scalio?

DU will need a suicide watch. This could be shadenreude at it's finest ever.

32 posted on 10/28/2005 8:42:50 AM PDT by NeoCaveman (Janice Rogers Brown for SCOTUS..... or heck, any originalist)
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To: edmond246

Let's put it this way....Ann Coulter likes him. She's beeng singing his praises since all this SCOTUS stuff started after Rehnquist passed away. If Ann likes him (and Ann didn't even like Roberts) that's probably a good sign.


33 posted on 10/28/2005 8:42:53 AM PDT by ark_girl
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To: Rutles4Ever

I am still betting it is a hispanic.


34 posted on 10/28/2005 8:42:59 AM PDT by linkinpunk
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To: italianquaker
lets hope our quisling senators grow a pair...

Grow a pair of what; marshmallows?

35 posted on 10/28/2005 8:43:22 AM PDT by 6SJ7
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To: Rutles4Ever

"Luttig and Alito were the fall backs to Miers"

Gee, I thought everyone else had dropped out and miers was all they had.


36 posted on 10/28/2005 8:43:32 AM PDT by flashbunny (Ask yourself why some posters here use the term "uber conservative" like it's some kind of slur.)
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To: wagglebee
Wikipedia: Samuel A. Alito, Jr.
37 posted on 10/28/2005 8:44:03 AM PDT by BigSkyFreeper ("Tucker Carlson could reveal himself as a castrated, lesbian, rodeo clown ...wouldn't surprise me")
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To: edmond246

Yes to all of the above.


38 posted on 10/28/2005 8:44:05 AM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: 6SJ7

you know


39 posted on 10/28/2005 8:44:11 AM PDT by italianquaker (Bush Derangement syndrome coming to a theatre near you)
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To: wagglebee
Courtesy of Internet grab:

A New Jersey native, the 55-year-old Alito received a bachelor's degree from Princeton and graduated from Yale Law School. He worked in the solicitor general's office during the Reagan administration and was a U.S. attorney for the District of New Jersey when George H.W. Bush nominated him to the Third Circuit. His 15 years on the bench have been marked by strong conservatism on a case-by-case basis that avoids sweeping opinions on constitutionality.

40 posted on 10/28/2005 8:44:36 AM PDT by frogjerk (LIBERALISM - Being miserable for no good reason)
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To: edmond246

If this is true, then all the babies will be pacified.


41 posted on 10/28/2005 8:44:50 AM PDT by rabidralph
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To: dead
I won't be happy unless Chuck Schumer screams like a girl.

How would you know? ;-)

42 posted on 10/28/2005 8:45:08 AM PDT by COBOL2Java (Many Democrats are not weak Americans. But nearly all weak Americans are Democrats.)
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To: RockinRight

As I posted on another thread, Alito got unanimous consent from the Judiciary Committee in 1990, with names like Byrd, Reid, Kennedy, Biden, Kerry, Harkin, Lautenberg, Leiberman, Dodd, and Leahy all signing off on him.

There's almost no chance of a filibuster, and they have almost no ground to stand on to fight his credentials since he's already been vetted and they gave him an overwhelming stamp of approval.


43 posted on 10/28/2005 8:45:14 AM PDT by Rutles4Ever (Stuck on Genius)
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To: flashbunny
Apparently W felt pressure to nominate a woman. I think all the women we wanted dropped out.
44 posted on 10/28/2005 8:45:38 AM PDT by slowhand520
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To: Huck
Here's what Gun Owners of America has to say about Alito:

"There are other conservative judges who are currently on the federal bench who also have a high regard for the U.S. Constitution. Judge Samuel Alito, Jr., in the Third Circuit, has argued that Congress has no right to regulate the private possession of machine guns. "

I can certainly get behind Alito, on this issue alone! Everything I have heard or read about him tells me he is very conservative, and very Pro 2A. IMHO--He's the man for the job.

45 posted on 10/28/2005 8:46:27 AM PDT by basil (Exercise your Second Amendment--buy another gun today!)
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To: Rutles4Ever
“The White House Counsel’s Office is not doing too good at keeping this a secret.” Still another source says, “Luttig and Alito were the fall backs to Miers. They have both been vetted. Alito seems more palatable. There is no need to drag this out, he’s been..."

So there were no second choices that wanted the job, even though these two gentlemen have been fully vetted? This tells me more things about this WH that really are making me damn sick!
46 posted on 10/28/2005 8:46:27 AM PDT by conservativecorner
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To: KarlInOhio
His ideological likeness to United States Supreme Court Associate Justice Antonin Scalia has earned him the nickname "Scalito."

Yes, but can he bowl?

47 posted on 10/28/2005 8:46:46 AM PDT by varon (Allegiance to the constitution, always. Allegiance to a political party, never.)
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To: dead
I won't be happy unless Chuck Schumer screams like a girl.

About five years ago I said the same about Barney Frank.

48 posted on 10/28/2005 8:46:52 AM PDT by NittanyLion
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To: slowhand520

the white house tried to leak that,but when they were contacted, the other women mentioned denied that and were upset that they put out that rumor.


49 posted on 10/28/2005 8:47:05 AM PDT by flashbunny (Ask yourself why some posters here use the term "uber conservative" like it's some kind of slur.)
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To: Rutles4Ever

I wonder if this was the plan all along, considering that Miers was in on the decision-making process all along...


50 posted on 10/28/2005 8:47:10 AM PDT by waverna
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