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Justice Alito? Some Say He's a New High Court Favorite
Law.com ^ | October 31, 2005 | Shannon P. Duffy

Posted on 10/29/2005 3:23:40 PM PDT by etradervic

The short list of potential nominees to the U.S. Supreme Court suddenly appeared much shorter Friday as 3rd U.S. Circuit Court of Appeals Judge Samuel A. Alito Jr. quickly emerged as perhaps the most likely second choice to fill Justice Sandra Day O'Connor's seat.

In the wake of Harriet Miers' withdrawal of her nomination, the New York Times reported Friday that Alito was one of three "finalists" three weeks ago when Miers was chosen. The other, according to the Times, was 4th Circuit Judge J. Michael Luttig. Hours later, on the popular law blog, SCOTUSblog.com, attorney Tom Goldstein was predicting that Alito would be picked -- and soon.

"Judge Alito would energize the president's conservative supporters. But he would not be as much of a fight as the others. Luttig and [5th Circuit Judge Priscilla] Owen, in particular, raise the serious prospect of a filibuster and it seems unlikely in the current environment that the administration is anxious to have that fight," Goldstein wrote.

"It seems to me that the pressure to nominate a woman is considerably lessened now, and the focus is on getting someone confirmed. Judge Alito will be grudgingly confirmable to many Democrats once they look at his record," Goldstein wrote.

Goldstein's political calculus could prove to be dead on, especially if the White House is intent on moving quickly and avoiding an ugly confirmation battle.

(Excerpt) Read more at law.com ...


TOPICS: Government; News/Current Events
KEYWORDS: alito; miers; scalito; scotus
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It seems that Samuel Alito is the frontrunner. If W decides instead to choose a women, it appears to be Karen Williams. Either nomination would be outstanding.

Tom Goldstein, quoted in this column, correctly predicted the Roberts nomination and very early in the process, Oct 3, correctly predicted that Meirs would not be confirmed.

1 posted on 10/29/2005 3:23:41 PM PDT by etradervic
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To: etradervic

Is it just me, or since Alito's the new "favorite" that means he will not be the pick.

No one predicted Roberts, and few, if any, predicted Miers.


2 posted on 10/29/2005 3:24:56 PM PDT by Sometimes A River ("Oh yeah? Well if you do it again, I'm gonna have only one word for you: 'Outta here.'" - Paul Sr.)
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To: etradervic

Isn't Alito Roman Catholic?

If so, try to imagine the fall out were FIVE Catholic MALES to overturn abortion on demand.

No, I doubt this nominee will be Catholic.


3 posted on 10/29/2005 3:26:38 PM PDT by onyx ((Vicksburg, MS) North is a direction. South is a way of life.)
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To: etradervic

Searching as hard as I can, I still have never found anyone named "some".


4 posted on 10/29/2005 3:28:22 PM PDT by xcamel (No more RINOS - Not Now, Not Ever Again.)
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To: etradervic
"It seems that Samuel Alito is the frontrunner."

I hope it works out that way.

5 posted on 10/29/2005 3:29:26 PM PDT by Anti-Bubba182
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To: etradervic
and the focus is on getting someone confirmed.

No, no, no, if that was the case Miers would be on the court in a few days.

6 posted on 10/29/2005 3:30:43 PM PDT by itsahoot (Any country that does not control its borders, is not a country. Ronald Reagan)
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To: onyx
..try to imagine the fall out were FIVE Catholic MALES to overturn abortion on demand. No, I doubt this nominee will be Catholic.

Anti-Catholic bigotry belongs to the left.
7 posted on 10/29/2005 3:35:10 PM PDT by etradervic (Able Danger, Peter Paul Campaign Fraud, Travelgate, Whitewater, Sandy Berger...demand answers!)
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To: etradervic

I read this carefully out of curiosity as to why Alito would be more confirmable by the Democrats, but couldn't find anything. He strikes me as an excellent candidate. Does anyone have any idea why he would be more confirmable than, say, Luttig?


8 posted on 10/29/2005 3:35:20 PM PDT by Cicero (Marcus Tullius)
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To: etradervic


Huh?


9 posted on 10/29/2005 3:37:02 PM PDT by onyx ((Vicksburg, MS) North is a direction. South is a way of life.)
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To: etradervic

The more I read the more I like this man. Sure, he's a Catholic, but along with a judicial fight we also, IMO, need a religious one. Hearing democrats turn on a nominee because of his religion may turn a few more Catholics our way.


10 posted on 10/29/2005 3:37:50 PM PDT by HelloooClareece (Anagram of New York Times....... Monkeys Write. (I Still have a water bucket))
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To: etradervic

OK, who's in charge of putting the tinfoil on Dubya's head; they obviously have slacked off.


11 posted on 10/29/2005 3:38:51 PM PDT by drlevy88
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To: Cicero
Does anyone have any idea why he would be more confirmable than, say, Luttig?

Great question. I have heard this refrain repeatedly. Alito has a dissenting opinion supporting a PA Law that would require spousal notification for an abortion. Luttig has voted against partial-birth abortion. Luttig's vote must be considered more threatening. As we all know, for Libs its all about Roe.
12 posted on 10/29/2005 3:48:42 PM PDT by etradervic (Able Danger, Peter Paul Campaign Fraud, Travelgate, Whitewater, Sandy Berger...demand answers!)
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To: etradervic
Cool... Roberts can take Scalia and Alito to morning Mass for a photo op the day after the confirmation. Liberals all over the would go nuts.
13 posted on 10/29/2005 3:57:23 PM PDT by badpacifist (si vis pacem, para bellum)
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To: etradervic

I'm pretty sure that Alito's dissenting opinion in Planned Parenthood v. Casey, supported the PA law that require a husband be notified before a wife got an abortion. Alito's dissenting opinion was later cited by Chief Justice Rehnquist's dissenting opinion.


14 posted on 10/29/2005 4:08:15 PM PDT by RKB-AFG
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To: etradervic
Scalito would be a good choice.
15 posted on 10/29/2005 4:10:43 PM PDT by SeaBiscuit (God Bless all who defend America and Friends, the rest can go to hell.)
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To: etradervic

I better check with Frum and Coulter and ask them if they approve.


16 posted on 10/29/2005 4:12:12 PM PDT by jec41 (Screaming Eagle)
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To: RKB-AFG

Do you--or anyone else, for that matter, have any idea how he stands on the Second Amendment?


17 posted on 10/29/2005 4:16:09 PM PDT by basil (Exercise your Second Amendment--buy another gun today!)
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To: etradervic

Luttig helped Clarence Thomas during his nomination. At the time of the nomination Luttig had been confirmed by the senate for the 4th circuit and stayed on to help thomas until he was seated on the bench. The dems have said they would fillabuster Luttig. He was on Reid's fillabuster list.


18 posted on 10/29/2005 4:23:31 PM PDT by johnmecainrino
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To: etradervic

I think Bush should pick a non-white person now. I want to see the lily white Democrat Senators whining about a Hispanic judge.


19 posted on 10/29/2005 4:35:17 PM PDT by Democratshavenobrains
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To: Cicero

"I read this carefully out of curiosity as to why Alito would be more confirmable by the Democrats, but couldn't find anything. He strikes me as an excellent candidate. Does anyone have any idea why he would be more confirmable than, say, Luttig?"

For one he was confirmed by a 100-0 vote and 19 of the 44 democrats voted for him. Second, Specter likes him. Not because of his views, but because he sits on a Pennsylvania court.

A perfect nominee. He'd be the strong conservative we are looking for and he'd make 19 democrats look like real hypocrites if they oppose him.


20 posted on 10/29/2005 4:38:57 PM PDT by NapkinUser ("It is a damn poor mind indeed which can think of only one way to spell a word." -Andrew Jackson)
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