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Alito Leans Right Where O'Connor Swung Left
The Washington Post ^ | November 1, 2005 | Charles Lane

Posted on 11/01/2005 5:59:22 AM PST by no dems

In 1991, Judge Samuel A. Alito Jr. voted to uphold a Pennsylvania statute that would have required at least some married women to notify their husbands before getting an abortion; a year later, Justice Sandra Day O'Connor cast a decisive fifth vote at the Supreme Court to strike it down.

In 2000, Alito ruled that a federal law requiring time off for family and medical emergencies could not be used to sue state employers for damages; three years later, O'Connor was part of a Supreme Court majority that said it could.

And last year, Alito upheld the death sentence of a convicted Pennsylvania murderer, ruling that his defense lawyers had performed up to the constitutionally required minimum standard. When the case reached the Supreme Court, O'Connor cast a fifth vote to reverse Alito.

The record is clear: On some of the most contentious issues that came before the high court, Alito has been to the right of the centrist swing voter he would replace. As a result, legal analysts across the spectrum saw the Alito appointment yesterday as a bid by President Bush to tilt the court, currently evenly divided between left and right, in a conservative direction.

O'Connor "has been a moderating voice on critical civil liberties issues ranging from race to religion to reproductive freedom," said Steven R. Shapiro, national legal director of the American Civil Liberties Union. "Judge Alito's nomination . . . therefore calls into question the court's delicate balance that Justice O'Connor has helped to shape and preserve."

"With this nomination, Bush is saying 'Bring it on!' " said John C. Yoo, a former Bush administration Justice Department official. "There is no effort to evade a clash with Senate Democrats. That's why conservatives are so happy."

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


TOPICS: Constitution/Conservatism
KEYWORDS: alito; oconnor
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Oh Happy Day, Oh Happy Day! How long have we Conservatives waited for this day? Now if RBG will just retire....

Oh Happy Day, Oh Happy Day!!!

1 posted on 11/01/2005 5:59:23 AM PST by no dems
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To: no dems
So the duly elected President is keeping a campaign promise to the people of America.

No wonder the press is in a tizzy! Honor in politics!
2 posted on 11/01/2005 6:01:43 AM PST by airborne (Al-Queda can recruit on college campuses but the US military can't!)
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To: no dems

If the Rats don't get an activist like they want, they and the MSM is going to continue ranting and raving. Bring em on.


3 posted on 11/01/2005 6:02:46 AM PST by Piquaboy (22 year veteran of the Army, Air Force and Navy, Pray for all our military .)
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To: no dems

Somebody better get on Arlen Specters arse to get the process moving to confirm before the Senate recesses for Christmas.


4 posted on 11/01/2005 6:03:12 AM PST by b4its2late (It used to be only death and taxes were inevitable. Now, there's shipping and handling too.)
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To: no dems
As a result, legal analysts across the spectrum saw the Alito appointment yesterday as a bid by President Bush to tilt the court, currently evenly divided between left and right, in a conservative direction.

Shout it to the heavens: THIS IS A GOOD THING!

5 posted on 11/01/2005 6:03:57 AM PST by i_dont_chat (Houston, TX)
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To: no dems
the court's delicate balance that Justice O'Connor has helped to shape and preserve."

I often find O'Connor's reasoning to be incoherent and inscrutable. The SCOTUS is not a "super legislature", although thats how leftists think of it.

6 posted on 11/01/2005 6:04:34 AM PST by Nonstatist
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To: no dems

But what about this?

"He has not flatly written that Roe v. Wade , the Supreme Court's 1973 abortion rights ruling, should be overturned -- as have some other conservatives who were thought to be on Bush's list for the court.

Alito struck down a New Jersey law that would have banned the procedure known by opponents as "partial-birth" abortion -- just as O'Connor did. His ruling, following the one O'Connor voted for, said the statute was unconstitutional because it did not include an exception for cases in which the woman's health was at risk."


7 posted on 11/01/2005 6:04:35 AM PST by Gone GF
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To: no dems

Stephens is next. He's 85 and surely failing. Luttig can take his spot and then we'll have the great pentumvirate of Roberts, Scalia, Thomas, Alito and Luttig. The greatest change since FDR.


8 posted on 11/01/2005 6:10:09 AM PST by cotton1706
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To: b4its2late
I heard him speak this morning, sounds like MAYBE before Christmas.. sooooooo guess he's going to try and kick the can down the road so they won't have to deal with it and WHOOPS can't during the campaign season...

Guess whose cans will be kicked down the road in '06??

Someone needs to jerk Specter up by the shorthairs. We've play this game, and we the people demand results. they were ready to hear Harriet by 11/7 right?? Why the holdup?
9 posted on 11/01/2005 6:16:10 AM PST by JesseJane (Now is the time for all good men to come to the aid of their country. (More than a typing exercise))
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To: cotton1706
Stephens is next. He's 85 and surely failing. Luttig can take his spot and then we'll have the great pentumvirate of Roberts, Scalia, Thomas, Alito and Luttig. The greatest change since FDR.

We can dream! Alito's confirmation hearing will probably not take place till after the first of the year, unless the Admin really presses the Senate.

10 posted on 11/01/2005 6:17:43 AM PST by Rummyfan
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To: Gone GF

As a lower court judge he's obligated to follow the rulings of higher courts.


11 posted on 11/01/2005 6:20:43 AM PST by SpringheelJack
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To: no dems

Now if RBG will just retire... and JRB takes her place.


12 posted on 11/01/2005 6:25:41 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: no dems

> Alito Leans Right Where O'Connor Swung Left

The headline says it all, in full lib hypocrisy.

a. The libs are about to lose their imaginary
constitutionally-protected "swing" vote on the court, and

b. They admit that O'Connor was a lib vote, and not a
mythical coin flip "swing".


13 posted on 11/01/2005 6:27:07 AM PST by Boundless
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Comment #14 Removed by Moderator

To: cotton1706
Ginsberg's health is not well either, so ? possibly ? President Bush might just have 2 more Supreme Court appointments in the next 3 years.
SO ? add to the list
Roberts, Scalia, Thomas, Alito, Luttig, Rogers Brown.

If the court were to look like that in 1 - 3 years, the Liberals will have a aneurysm, and be moving out of this country in masses ( that's a GOOD THING ).
15 posted on 11/01/2005 6:31:19 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: no dems

Oh happy day! I worked in a place where guys sang that song a lot. =]

Laura Ingraham said it all in a quick blurb just now. She said, "Every time the court veers left, the people are overwhelmingly opposed with the court's decision." That says it all. My new tagline for a bit:


16 posted on 11/01/2005 6:33:26 AM PST by Arthur Wildfire! March ("Every time the court veers left, the people are overwhelmingly opposed." [Laura Ingraham])
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To: no dems
I still think that the Rats are prodding O'Connor to reconsider her retirement.

Then the won't be seen as whining filibustering crybabies and can sidestep the nuclear option.
17 posted on 11/01/2005 6:34:39 AM PST by HEY4QDEMS (Ham & Eggs: A day's work for a hen, A lifetime commitment for a pig.)
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To: Rummyfan
Start the hearings at the beginning of December, have him confirmed before Christmas.
I don't see why they can't get all this done in the next 4 WEEKS to get all things in order to start the hearings by the beginning of December.
Ok Congress ??? GET TO WORK !!
18 posted on 11/01/2005 6:34:46 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: airborne

This is a coded red alert by the Washington Post. This tips the scale. Their headline makes it clear that this isn't the loss of one judicial activist votes, but actually the loss of TWO judicial activist votes. This is a media flare.


19 posted on 11/01/2005 6:36:20 AM PST by Arthur Wildfire! March ("Every time the court veers left, the people are overwhelmingly opposed." [Laura Ingraham])
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To: cotton1706
"He's 85 and surely failing. Luttig can take his spot and then we'll have the great pentumvirate of Roberts, Scalia, Thomas, Alito and Luttig. The greatest change since FDR."

Nah--Luttig is just another white male. Janice Rogers Brown is the way to go. It'll give the Democrats apoplexy.

20 posted on 11/01/2005 6:44:18 AM PST by Wonder Warthog (The Hog of Steel)
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