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Bush: Judge Samuel Alito is new choice for Supreme Court nominee
Fox News ^

Posted on 10/31/2005 3:12:28 AM PST by kcvl

Per Fox News...


TOPICS: Breaking News; News/Current Events; US: New Jersey
KEYWORDS: alito; antoninscalia; billofrights; bush; catholic; civilrights; constitution; courts; judge; judges; judicialrestraint; justice; miers; newjersey; originalintent; presidentbush; rights; scalito; scotus; supremecourt; uusconstitution; whiningdems
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1 posted on 10/31/2005 3:12:30 AM PST by kcvl
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To: kcvl; Dane

I like waht I have hear about him.


2 posted on 10/31/2005 3:13:39 AM PST by TXBSAFH ("I would rather be a free man in my grave then living as a puppet or a slave." - Jimmy Cliff)
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To: TXBSAFH

Alito, Samuel A. Jr.

Born 1950 in Trenton, NJ

Federal Judicial Service:
U. S. Court of Appeals for the Third Circuit
Nominated by George H.W. Bush on February 20, 1990, to a seat vacated by John Joseph Gibbons; Confirmed by the Senate on April 27, 1990, and received commission on April 30, 1990.

Education:
Princeton University, A.B., 1972

Yale Law School, J.D., 1975

Professional Career:
Law clerk, Hon. Leonard I. Garth, U.S. Court of Appeals, Third Circuit, 1976-1977
Assistant U.S. attorney, District of New Jersey, 1977-1981
Assistant to the U.S. solicitor general, U.S. Department of Justice, Washington, DC, 1981-1985
Deputy assistant U.S. attorney general, U.S. Department of Justice, Washington, DC, 1985-1987
U.S. Attorney for the District of New Jersey, 1987-1990


3 posted on 10/31/2005 3:14:06 AM PST by kcvl
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To: kcvl

Nice!


4 posted on 10/31/2005 3:15:44 AM PST by Bird Jenkins
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To: TXBSAFH

October 29th, 2005
Judge Samuel Alito Likely New Supreme Court Nominee

WASHINGTON, October 29 – After Harriet Miers stepped down from her position as Supreme Court nominee Bush was challenged to find a new more suitable nominee to please his conservative base. Many believe that Judge Samuel Alito of the United States Court of Appeals for the Third Circuit is leading the shortlist, perhaps a very short shortlist since Alito arrived in Washington late last night.

President Bush was widely criticized after the failed nomination of Miers, although she stepped back it is believed that she was pressured to do so because not even Bush’s loyal base would support her confirmation due to the lack of qualifications and track record. The nomination of Alito would widely please his supporters, Alito is nicknamed “Scalito” because his philosophy is very similar to that of Justice Antonin Scalia, a conservative favorite. When his clerk was asked why Alito arrived in Washington he friendly smiled and said he would have to take a message for Judge Alito.

Still a few problems remain, Alito would potentially replace Justice Sandra Day O’Connor. O’Connor was often the swing-vote on ethical issues making it a 5-4 win for the left side but with Alito as replacement this would swing the votes entirely the other way. Also there is some pressure on the President to replace a female Justice by a female nominee, even the First Lady urged this. It is to be seen what will come of this but it’s sure Bush could use a win. The news of the indictment of Scooby Lewis, chief of staff of Vice-President Cheney did not fall well and is just another speck in a streak of bad news.


5 posted on 10/31/2005 3:15:54 AM PST by kcvl
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To: kcvl; All

By Bret Schulte

Nicknamed "Scalito" for views resembling those of conservative Supreme Court Justice Antonin Scalia, Samuel Alito Jr. is a favorite son of the political right. Appointed in 1990 by George H.W. Bush to the Third Circuit Court of Appeals, Alito has earned a reputation for intellectual rigor and polite but frequent dissent in a court that has been historically liberal. His mettle, as well as a personable demeanor and ties to former Republican administrations, has long had observers buzzing about his potential rise to the high court. "Sam Alito is in my mind the strongest candidate on the list," says Pepperdine law Prof. Douglas Kmiec. "I know them all . . . but I think Sam is a standout because he's a judge's judge. He approaches cases with impartiality and open-mindedness."
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Web Extras

Other Potential Nominees:

Emilio Garza

Alberto R. Gonzales

Edith Hollan Jones

Michael Luttig

Michael McConnell

John Roberts

J. Harvie Wilkinson III

Photo: U.S. Court of Appeals–3rd Circuit/AP

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.

In 1997, Alito authored the majority opinion upholding a city's right to stage a holiday display that included a Nativity scene and a menorah because the city also included secular symbols and a banner emphasizing the importance of diversity. In Planned Parenthood v. Casey, Alito was the sole dissenter on the Third Circuit, which struck a Pennsylvania law that required women seeking abortions to consult their husbands. He argued that many of the potential reasons for an abortion, such as "economic constraints, future plans, or the husbands' previously expressed opposition . . . may be obviated by discussion prior to abortion." The case went on to the Supreme Court, which upheld the lower court's decision 6 to 3.

Alito's conservative stripes are equally evident in criminal law. Lawrence Lustberg, a New Jersey criminal defense lawyer who has known Alito since 1981 and tried cases before him on the Third Circuit, describes him as "an activist conservatist judge" who is tough on crime and narrowly construes prisoners' and criminals' rights. "He's very prosecutorial from the bench. He has looked to be creative in his conservatism, which is, I think, as much a Rehnquist as a Scalia trait," Lustberg says.

Some observers say that Alito cannot be easily pigeon-holed. In Saxe v. State College Area School District, Alito, writing for the panel, argued that the school does not have the right to punish students for vulgar language or harassment when it doesn't disrupt the school day. "Sam struck that down as a violation of free speech," Kmiec says. "That's not a conservative outcome."

Off the bench, friends and colleagues describe Alito as quiet and self-effacing with a wry sense of humor. He is a voracious reader with a particular love for biographies and history. With his wife, Martha, he has a son in college and a daughter in high school. "He's mild mannered and generous and family oriented," Lustberg says. "I don't agree with him on many issues, but I have the utmost respect for him. No one can question his intelligence or integrity."


6 posted on 10/31/2005 3:16:16 AM PST by governsleastgovernsbest (read my posts on Today show bias at www.newsbusters.org)
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To: TXBSAFH

I hear Harry Reid Hates him.

That is a good sign!


7 posted on 10/31/2005 3:16:29 AM PST by Samurai_Jack (ride out and confront the evil!)
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To: kcvl

Go ALITO!


8 posted on 10/31/2005 3:16:40 AM PST by Rumierules
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To: kcvl

Scalito!

From wikipedia:

Samuel A. Alito Jr. (born April 1, 1950) is a judge on the United States Court of Appeals for the Third Circuit. His ideological likeness to United States Supreme Court Associate Justice Antonin Scalia has earned him the nickname "Scalito."

Alito was born in Trenton, New Jersey. He graduated from Princeton University with an A.B. in 1972, and went to Yale Law School, where he earned a J.D. in 1975. From 1981 to 1985 he was assistant to Solicitor General Rex E. Lee, and was deputy assistant to the Attorney General Edwin Meese from 1985 to 1987. After a brief stint as U.S. Attorney for the district of New Jersey, he was nominated by George H. W. Bush in 1990 to the United States Court of Appeals for the Third Circuit. His chambers are in Newark, New Jersey.

With the announced retirement of Supreme Court Justice Sandra Day O'Connor in 2005, Alito was widely reported as being narrowly passed-over as her replacement by the Bush Administration, having been edged-out by close personal Bush aide and confidant, Harriet Miers. With Miers's nomination withdrawn on October 27, 2005, speculation again surfaced of Alito's possible nomination to the post; as of October 29, 2005, he is reported to be one of the two most likely nominees, along with J. Michael Luttig.



Case history
Alito wrote the opinion for ACLU v. Schundler, (1997) holding that a religious holiday display on city property does not violate the Establishment Clause.
Alito was the sole dissenter in the 3rd circuit's decision on Planned Parenthood v. Casey, which struck down a Pennsylvania law requiring women to inform their husbands before getting an abortion.


9 posted on 10/31/2005 3:16:45 AM PST by Pharmboy (The stone age didn't end because they ran out of stones.)
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To: kcvl

This is wonderful news. Judge Alito has my unequivocal support.


10 posted on 10/31/2005 3:17:18 AM PST by pollyg107
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To: kcvl

EXCELLENT!

"Scalito" :)


11 posted on 10/31/2005 3:17:33 AM PST by SE Mom (God Bless those who serve..)
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To: kcvl
The news of the indictment of Scooby Lewis....

LOL. Who????

12 posted on 10/31/2005 3:17:37 AM PST by Bahbah (Tony Schaffer is a hero)
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To: kcvl

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.

Useful weblinks
Access a profile of Judge Alito at Law.com

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 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.


13 posted on 10/31/2005 3:17:45 AM PST by YaYa123 (@)
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To: kcvl

Let the war begin...


14 posted on 10/31/2005 3:17:57 AM PST by paudio (Four More Years..... Let's Use Them Wisely...)
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To: kcvl
At least he will appease Coulters lust for an elite education. Anyway....................

ScAlito is a good pick. The democrats will hate him. Its "Farggin War!" time.
15 posted on 10/31/2005 3:18:03 AM PST by baystaterebel (http://omphalosgazer.blogspot.com/)
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To: kcvl

Typical government lawyer. No private practice experience? I'm not impressed.


16 posted on 10/31/2005 3:18:05 AM PST by mlc9852
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To: Bahbah

Timing is everything in sex and politics.


17 posted on 10/31/2005 3:18:45 AM PST by leadpenny
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To: kcvl
AP story: Bush Nominates Alito to Supreme Court
18 posted on 10/31/2005 3:19:39 AM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: kcvl; MineralMan

Glad you were wrong MineralMan. But I'm sure you're glad too.

THANK YOU SO MUCH PRESIDENT BUSH!!!!!!!!!


19 posted on 10/31/2005 3:19:46 AM PST 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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To: kcvl

Did FNS state the basis for that announcement? Is it conjecture or rumor? Has the WH announced it will make an announcement today?


20 posted on 10/31/2005 3:20:52 AM PST by alnick
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To: kcvl
This sucks. I protest. I wanted -MY- pick. Alito is not MY pick. I bet Coulter, Frumm, Krauthammer and all those OTHER Donner Party jerks will agree with ME ME ME!!! I'm going to be in a snit, and will make IRRATIONAL arguments in order to DIVIDE the GOP over this pick. I can't believe GWB would be so divisive to actually pick a MALE for this post.

</sarcasm>

21 posted on 10/31/2005 3:20:58 AM PST by Cboldt
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To: paudio

IMHO, if Roberts and Alito (or anyone in the Scalia mold) is all we get from W serving as president, then he will have done us proud.


22 posted on 10/31/2005 3:21:06 AM PST by GOP_Proud (Dims:Scooter threw sand in the umps eyes...waaaaaa...we was robbed!)
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To: kcvl

This guy is on the most liberal appeal courts in Jersey. He has hasn't drifted left even being on that on that court .....WOO HOO!


23 posted on 10/31/2005 3:21:17 AM PST by paltz
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To: kcvl

NUCLEAR OPTION!!!


24 posted on 10/31/2005 3:21:38 AM PST by paltz
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To: kcvl

From the AP story- an interesting tidbit:

"The officials, speaking on condition of anonymity because they were not authorized to preview Bush's remarks, said Alito was virtually certain to get the nod from the moment Miers backed out. The 55-year-old jurist was Bush's favorite choice of the judges in the last set of deliberations but he settled instead on someone outside what he calls the "judicial monastery," the officials said."

http://news.yahoo.com/s/ap/20051031/ap_on_go_su_co/bush_scotus


25 posted on 10/31/2005 3:22:03 AM PST by SE Mom (God Bless those who serve..)
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To: kcvl

SHOCKING. STUNNING. Fabulous, Mr. President.


26 posted on 10/31/2005 3:22:19 AM PST by newzjunkey (CA: YES on Prop 73-77! Unions outspending Arnold 3:1, HELP: http://www.joinarnold.com)
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To: paudio

I agree.


27 posted on 10/31/2005 3:22:27 AM PST by GOP_Proud (Dims:Scooter threw sand in the ump's eyes...waaaaaa...we was robbed!)
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To: leadpenny

FOX news says confirmation will be a "bloodbath" and "cataclysmic".

I can hardly wait for comments by Reid, Schumer, Kennedy & Leahy - the four stooges!


28 posted on 10/31/2005 3:22:43 AM PST by TexasRedeye
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To: kcvl

Bush gets up early...


29 posted on 10/31/2005 3:22:44 AM PST by drlevy88
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To: NapkinUser
YESSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS!...........

This is what the GANG OF 7 RENEGADES never wanted... the spot-light is on the SENATE! - Let's the games begin :)

30 posted on 10/31/2005 3:22:48 AM PST by ElPatriota (Let's not forget we are all still friends despite our differences :))
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To: All

Please remember that MSM (including Fox) hasn't gotten it right yet in their predictions regarding Bush's SC nominees.

Hopefully this is true, but until it's official, there's no way of knowing for sure.


31 posted on 10/31/2005 3:22:49 AM PST by alnick
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To: muawiyah

Catholics dominate SC. All the Evangelicals dissed.


32 posted on 10/31/2005 3:22:54 AM PST by Earthdweller
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To: kcvl

Take that, Reid!


33 posted on 10/31/2005 3:22:59 AM PST by Bush gal in LA
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To: paltz

"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.

Born on April Fool's Day in 1950, the 55-year-old Alito might be exactly what Bush is looking for. His resume reads like a recipe for high court consideration -- beginning with undergrad studies at Princeton, perhaps the Ivy League's most welcoming home for conservatives seeking elite educations, and a law degree from Yale, the Bush family's sentimental favorite.

After a clerkship with 3rd Circuit Judge Leonard I. Garth, Alito worked as a front-line federal prosecutor in New Jersey for four years. But soon after President Ronald Reagan was elected, Alito joined the Office of the Solicitor General, staying for four years and helping to decide what position the administration would take in cases up for review by the Supreme Court.

That was followed by a three-year stint at Main Justice as a deputy assistant attorney general. In 1987, at the age of 37, Alito was appointed U.S. Attorney for the District of New Jersey, a post he held until he was tapped in 1990 by the first President Bush to join the 3rd Circuit.

On the hot-button issues, Alito has been consistently conservative -- so conservative that some lawyers have given him the nickname "Scalito." Roughly translated, the nickname means "Little Scalia," suggesting that Alito has modeled his judicial philosophy after Supreme Court Justice Antonin Scalia.

If Alito is nominated and his record is put under the national microscope, conservatives are likely to be happy with what they see.


34 posted on 10/31/2005 3:23:02 AM PST by kcvl
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To: kcvl

Man, I am really surprised. I thought for sure it would be a female.


35 posted on 10/31/2005 3:23:25 AM PST by SkyPilot
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To: kcvl

Let's see if he passes the Dan Rather inquisition.


36 posted on 10/31/2005 3:23:33 AM PST by Westlander (Unleash the Neutron Bomb)
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To: kcvl
I can't wait to hear what Corzine is going to say about this pick. I guarantee he won't say anything negative.
37 posted on 10/31/2005 3:23:34 AM PST by Cagey (Conservatism is a movement, not a political party.)
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To: governsleastgovernsbest

I'm having pleasant fantasies this morning about the possibility of Ginsberg resigning when Alito joins the court since she will be unable, I sincerely hope, to continue imposing her liberal agenda on this country.


38 posted on 10/31/2005 3:23:51 AM PST by Bahbah (Tony Schaffer is a hero)
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To: kcvl

GOOD JOB MR. PRESIDENT!!!

THANK YOU.


39 posted on 10/31/2005 3:23:53 AM PST by ovrtaxt (You nonconformists are all the same.)
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To: governsleastgovernsbest

Bernard just told Imus, Judge Alito is often called

Judge ScAlito, because of Alito's shared philosophy with Scalia.


40 posted on 10/31/2005 3:24:58 AM PST by YaYa123 (@)
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To: TexasRedeye

Bernard McQuirk from the Imus program just mentioned that his nicname is "Scalito." Someone else on the thread as already mentioned it. Let the games begin.


41 posted on 10/31/2005 3:25:06 AM PST by leadpenny
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To: SE Mom
Bizarre tidbit and I'm sure more will be coming about it.

He would be the FIFTH Catholic of the nine on Scotus.


42 posted on 10/31/2005 3:25:12 AM PST by newzjunkey (CA: YES on Prop 73-77! Unions outspending Arnold 3:1, HELP: http://www.joinarnold.com)
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To: alnick

On Fox it's already started: "The President has pandered to the most extreme wing of his political party..blah, blah, blah"


43 posted on 10/31/2005 3:25:15 AM PST by Right_in_Virginia
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To: alnick
It has been announced. The guy on Fox said this would be a bloodbath - the dims would be crazy to let him be on the Supreme Court.

Nuke time!!!

44 posted on 10/31/2005 3:25:21 AM PST by mathluv
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To: kcvl

"Welcome to the party, pal!"


45 posted on 10/31/2005 3:25:31 AM PST by manwiththehands
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To: Bahbah
And as with Scalia, lawyers say Alito's vote is easy to predict in highly charged cases. But where the nickname misses is temperament, or what some might call personality. Both on the bench and in person, Alito is no Scalia.

Although he's a frequent dissenter and not at all afraid to disagree with his colleagues, Alito's opinions are usually devoid of passion. And his tone during oral arguments is probing but always polite -- a sharp contrast from the often-caustic tone adopted by Scalia both on the bench and in his dissents.

Oddly enough, the "Scalito" nickname seems to have caught on even among some conservatives who appear to use it as a compliment.

46 posted on 10/31/2005 3:25:35 AM PST by kcvl
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To: kcvl

Talking about the Gang of Fourteen now on Fox & Friends... Can we count on the RINOs among us when the chips are down?


47 posted on 10/31/2005 3:25:54 AM PST by Bird Jenkins
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To: kcvl

my local, (PA) news says the DNC will fight this because he is TOO conservative..... LOL


48 posted on 10/31/2005 3:26:05 AM PST by sure_fine (*not one to over kill the thought process*)
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To: Cboldt

He may not have been my first choice, but I'm pleased with Alito.


49 posted on 10/31/2005 3:26:14 AM PST by newzjunkey (CA: YES on Prop 73-77! Unions outspending Arnold 3:1, HELP: http://www.joinarnold.com)
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To: leadpenny

LOL. You are frisky this morning. I see that Jonathan Alter will appear on Imus shortly, possibly to call for the resignation of the VP :)


50 posted on 10/31/2005 3:26:34 AM PST by Bahbah (Tony Schaffer is a hero)
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