The Roberts/Alito Court

The American Prospect ^ | 10.31.05 | Mark Tushnet

[neverdem]

As if Anthony Kennedy is a reliable conservative.

[MNJohnnie]

Happy Scalitoween!!!

De Wine and Grahams have BOTH made public affirmations today of their intent to vote for the Constitutional Option IF the Dems try to fillibuster! That's 2 of the squishy 7!!!!!

[ConservativeDude]

"Even more striking, Alito, almost alone among all federal judges, would have held that Congress couldn’t use its power to regulate interstate commerce in a way that would make it a crime for a person to possess a machine gun."

Well Justice Alito and Justice Thomas are going to get along JUST fine, I see!

I love it! Eat dust you sorry liberals!

[ConservativeDude]

"De Wine and Grahams have BOTH made public affirmations today of their intent to vote for the Constitutional Option IF the Dems try to fillibuster! That's 2 of the squishy 7!!!!!"


Incredible! Hell, we don't need no hearings. Let's just go straight to a vote on the rules...followed by a straight party line vote.

[Reagan Man]

What I've read and heard spoken about Judge Alito today is very encouraging for the conservative movement. Alito appears to be pro-life, pro-2nd amendment and anti-special rights for special interest groups. I'd say that's putting the Constitution in the proper perspective of original intent.

[MNJohnnie]

Incredible! Hell, we don't need no hearings. Let's just go straight to a vote on the rules...followed by a straight party line vote.

What a bleedin' rollercoaster this month has been!

[DoughtyOne]

We already know some of the dynamics of President Bush’s nomination of Judge Samuel Alito: the president’s low approval ratings, driven lower by defections from his base during the Harriet Miers episode, and his need to recapture some political ground by shifting attention from corruption and incompetence to a Supreme Court nominee who can’t be challenged as an incompetent crony.

This is such a pantload.

The president's approval ratings as related to Harriet Miers are nothing more than vapors.  After the nomination of Judge Alito, his base will be behind him all the way.  Even those not staunchly behind him on other issues, will definately rally behind him to see that Alito becomes the next justice on the SCOTUS.

The attempt to instill the idea that the Bush White House is riddled with corruption is juvenile.  One person was charged with not telling the truth.  They have not been convicted.  Now there's a crime-wave if every I saw one.  NOT!

As for incompetence, as it relates to the Miers nomination, he's moved on to nominate Alito.  Incompetence on that topic is null and void.

[Senator Goldwater]

Agree. You can't count on Kennedy.

We still need to fill another seat, hopefully Stevens, while we still have the Senate and the White House.

[Savage Beast]

"Facing the possibility (though hardly a certainty) of a Democratic majority in the Senate after next year’s elections..."

In your wildest dreams, Tush! Oops! I mean Tushnet! In your most joyous and outlandish delusions! But not in reality.

[ConservativeDude]

"Incompetence on that topic is null and void."

Si senor. Let's get ready to rumble now! (And I mean with the libs...)

[Gelato]

And he obviously disagrees with Roe v. Wade, having voted to uphold the one provision of the Pennsylvania abortion statute that the Supreme Court struck down in the Planned Parenthood v. Casey decision of 1992.

That is not necessarily an accurate assumption. Had Alito seen constitutional grounds against Roe, he probably would have said so when he upheld partial birth abortion. He differs with others mentioned for the SCOTUS short list, such as Edith Jones and Emilio Garza, who had (reluctantly) upheld abortion precedent while specifying disagreement with Roe.

Alito's judicial philosophy seems to be to fall in line with precedent. Where that will lead on the SCOTUS is anyone's guess.

[spinestein]

This just in from the DUnderhead site.


"We have to fight against Alito to protect America from 'Christian Talibans' overthrowing our Constitution." -- DUer



This is typical of what the "evolving constitution" types are saying about him.

Judging by that alone, I would say ALITO'S PERFECT!

[Batrachian]

Assuming Roberts will remain a strong conservative Justice, which is probable but not certain, then we would have four strong conservatives versus four strong liberals, and one wishy-washy moderate who votes with the liberals on many important cases.

We need one more pick, and John Paul Stevens is 85 years old. We may get it.

I can only thank the heavens above that Miers did not get in.

[KStorm]

This is typical of what the "evolving constitution" types are saying about him.

It will be an "evolving consitution" until liberalism permeates every jot and tittle of United States law. At that point, it will quit evolving.

[Batrachian]

"Had Alito seen constitutional grounds against Roe, he probably would have said so when he upheld partial birth abortion."

That's a lot of reading. Can you paste in the relevant parts?

[Rutles4Ever]

I wasn't aware that DeWine and expressed that. That's great news.

I have a feeling the Democrats are going to let Alito go through with little opposition, and focus on Congressional elections instead. I'm sure they're aware that both Ginsburg and Stevens are this|close to retiring and would like to have better numbers if they quit in '07 or '08.

I think anyone looking for a battle is going to be disappointed. They have much more to lose if they make a public spectacle in front of a man of Alito's caliber.

[spokeshave]

Testing....test test.....new tag line incoming.....

A return to unified Democratic government is so unlikely as not to be worth spending time on.

[spokeshave]

test ...

[Rutles4Ever]

As far as I can tell, the "ubercon" uprising has come to a happy ending for the entire GOP.

The next step is to keep Rove in the White House and get going on 2006.

[Plutarch]

One element...may have been overlooked. The president is...[seeking] to consolidate conservative control of the Supreme Court.

Gosh, Fellow Freepers, that is something we never considered!! [palm on forehead slap]