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A Brilliant Judicial Mind: Alito isn't "pro-life" or "pro-choice" but "pro-law."
Opinion Journal (WSJ) ^ | November 1, 2005 | BY JONATHAN H. ADLER

Posted on 11/01/2005 1:08:44 AM PST by Jim Robinson

With the nomination of Samuel Alito to replace Sandra Day O'Connor, President Bush has returned to the approach that served him so well when he nominated John Roberts to the Supreme Court--that of picking the best available candidate irrespective of diversity concerns. Judge Alito's credentials are more like those we have come to expect from Supreme Court nominees, including an Ivy League education and substantial judicial experience--more than any Supreme Court nominee since before World War II. Yet he also has significant executive branch and prosecutorial experience that could add a unique perspective to the court.

There is nothing "stealth" about this choice, no need to fight over documents or trust that the president knows Judge Alito's "heart," for a brilliant judicial mind is clearly on display in his public record. Over the past 15 years he has shown himself as a thoughtful, serious conservative with impressive intellectual chops. This is not meant to denigrate the accomplishments or integrity of Ms. Miers, an accomplished attorney who has dedicated much of her life to public service. Indeed, it is to Ms. Miers's profound credit that after her withdrawal, she immediately turned to helping pick the next nominee.

Judge Alito is a supremely qualified nominee who should (though he may not) win a quick and easy confirmation. Some Senate Democrats will find reasons to oppose him, but he once held their support. He was confirmed unanimously by a Democratic Senate in 1990 only two months after he was first nominated by George H.W. Bush.

There being no question about Judge Alito's accomplishments and credentials, the debate over this nomination will focus squarely on his jurisprudence...

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


TOPICS: Editorial; News/Current Events
KEYWORDS: alito; scotus
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"It is often said that judicial appointments are perhaps the most important part of a president's legacy. If so, this part of the Bush legacy should be secure. In nominating Chief Justice Roberts and now Judge Alito, President Bush has nominated two jurists with powerful intellects who could shape the law for years to come."
1 posted on 11/01/2005 1:08:45 AM PST by Jim Robinson
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To: Jim Robinson

Let's hope that both exceed conservatives' expectations and spend the next quarter century on the Supremes.


2 posted on 11/01/2005 1:13:35 AM PST by peyton randolph (Warning! It is illegal to fatwah a camel in all 50 states)
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To: Jim Robinson
President Bush has returned to the approach that served him so well when he nominated John Roberts to the Supreme Court--that of picking the best available candidate irrespective of diversity concerns.

[...]

There is nothing "stealth" about this choice, no need to fight over documents or trust that the president knows Judge Alito's "heart," for a brilliant judicial mind is clearly on display in his public record.

Along with the headline, these lines say so much... Depending on how the hearings go, this candidate seems to be a very good choice. He sounds absolutely moderate--pro-law, not activist-left nor activist-right.

3 posted on 11/01/2005 1:16:25 AM PST by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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To: Jim Robinson

Let's get ready to rumble!


4 posted on 11/01/2005 1:16:36 AM PST by gpapa (Boost FR Traffic! Make FR your home page!)
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To: Jim Robinson

We can't stop thinking here, we need to start getting organized for 2008, if we get another conservative republican elected, it may not be a Brownback or Allen, I don't think either has a realistic chance. McCain is too much of an independat loose cannon and Giuliani concerns me with some of his position. Rice may be a little bit unknown, but she is a more solid conservative than either McCain or Giuliani, but I think is the only choice for conservatives with a realistic chance to win the election.

So why think about 2008 when it is so far away ? More than likely, the next two seats that will open up will be Stevens and Ginsberg. If a democrat wins in 2008, we know what type of judge will be nominated. It would be great if they stepped down during Bush's last three years, but we can't count on that. Alito only gets us to 5-4, with 4 being the solid conservative justices.

If Ginsberg retires first, it will have to be a woman, and JRB or Edith Jones would be the best, nothing against the other qualified women, but these two are rock solid. If Stevens goes, as much as I like Luttig, Estrada or Garza make the most sense. Besides creating a 6-3 majority if we get to replace both, Estrada or Garza would bring a solid block of Hispanics into the fold and ensure longevity in power.


5 posted on 11/01/2005 1:29:47 AM PST by KMAJ2 (Freedom not defended is freedom relinquished, liberty not fought for is liberty lost.)
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To: Jim Robinson

You don't have to be pro-life to be anti-Roe-v-Wade.

It only takes a 6th grade reading ability to see that the constitution protects life.

It takes a liberal reading of the constitution to see a protection of privacy that allows one to kill life in order to protect that privacy.

The reason the Dems have been so hung up about RvW is that it was judicial activism at its most obvious form, and they know it will not stand up to judicial scrutiny.

They say "The constitution is a living and breathing document", funny.. the founders didn't. The founders said "If you want to change it, you have to amend it".


6 posted on 11/01/2005 1:33:27 AM PST by Paloma_55 (Which part of "Common Sense" do you not understand???)
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To: peyton randolph

And let's hope that we get a chance for two more just like them.!!!!!!!


7 posted on 11/01/2005 2:58:23 AM PST by Coldwater Creek ("Over there, Over there, we will be there until it is Over there.")
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To: Jim Robinson

I wonder how he would have leaned on Dred Scott.


8 posted on 11/01/2005 3:35:58 AM PST by Mr Ramsbotham (Laws against sodomy are honored in the breech.)
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To: Jim Robinson
REMEMBER THE ALITO !!

9 posted on 11/01/2005 3:36:37 AM PST by Prophet in the wilderness (PSALM 53 : 1 The FOOL hath said in his heart , There is no GOD .)
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To: KMAJ2

Senator Allen (R-VA) in 2008!


10 posted on 11/01/2005 4:37:48 AM PST by gieriscm
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To: Jim Robinson
Already at least one Democratic aide reportedly called Judge Alito a "right-wing wacko."

Yeah, at least one, LOL!

I hope the WH asks somebody like Fred Thompson to see the nomination through the process. Or asks Fred.

11 posted on 11/01/2005 5:50:41 AM PST by prairiebreeze (Take the high road. You'll never have to meet a Democrat.)
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To: Paloma_55

I believe that once Alito is confirmed, Bush should call for a Constitutional Convention and bring up abortion and gay marriage for amendments.

Then watch the country shoot them both down and once and for all kill liberalism.


12 posted on 11/01/2005 6:45:03 AM PST by EQAndyBuzz (Liberal Talking Point - Bush = Hitler ... Republican Talking Point - Let the Liberals Talk)
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To: Jim Robinson

So is this guy saying he's NOT prolife? I don't like the sound of that.


13 posted on 11/01/2005 6:55:07 AM PST by balch3
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To: Paloma_55
You don't have to be pro-life to be anti-Roe-v-Wade.

That's very true. Few liberal law professors will defend it on the legal merits of the decision. Many of the professors on the left roundly criticized the decision when it was released, as they felt it was too weak to stand up to challenge.
14 posted on 11/01/2005 6:57:56 AM PST by July 4th (A vacant lot cancelled out my vote for Bush.)
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To: Jim Robinson
Indeed, it is to Ms. Miers's profound credit that after her withdrawal, she immediately turned to helping pick the next nominee.

Exactamundo. FReepers and conservatives everywhere should be standing up for Miers right now.

15 posted on 11/01/2005 7:04:50 AM PST by Kryptonite (McCain, Graham, Warner, Snowe, Collins, DeWine, Chafee - put them in your sights)
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To: Kryptonite
Indeed, it is to Ms. Miers's profound credit that after her withdrawal, she immediately turned to helping pick the next nominee.

What else was she gonna do? Go back to running the lottery?

16 posted on 11/01/2005 7:12:10 AM PST by Huck (Harriet...were you just a bad dream? Then why did I chew my arm off?)
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To: Jim Robinson

I don't like the way Miers was treated by conservatives, but I REALLY like this nomination of Judge Alito.


17 posted on 11/01/2005 7:45:30 AM PST by SmithL (There are a lot of people that hate Bush more than they hate terrorists)
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To: Mr Ramsbotham

Before or after the ratification of the XIII Amendment?


18 posted on 11/01/2005 7:52:38 AM PST by oblomov
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To: Jim Robinson
Five years earlier, he joined a majority opinion that deferred to an executive branch agency's interpretations of federal law, even though doing so meant blocking a state from limiting government funding of abortions.

This is bit disturbing. Since when is the executive branch's intrepretation of law (in this case the Clinton administration's intrepretation of it) something a judge is bound by?

19 posted on 11/01/2005 8:21:48 AM PST by Ol' Sparky
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To: Paloma_55



"It takes a liberal reading of the constitution to see a protection of privacy that allows one to kill life in order to protect that privacy."
--->

Oh, it takes a bit more than that. It takes an "Ivy League education" and a "Constitutional scholar", too.

I believe we're in great danger when we put any kind of stock in those two qualities when we evaluate a Supreme Court justice.


20 posted on 11/01/2005 10:57:04 AM PST by AFPhys ((.Praying for President Bush, our troops, their families, and all my American neighbors..))
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