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Samuel Alito, in Context
NY Times ^ | January 3, 2006 | CHARLES FRIED

Posted on 01/03/2006 7:10:55 PM PST by neverdem

Op-Ed Contributor and former Solicitor General at the time

JUDGE Samuel A. Alito Jr.'s opponents have seized upon two memorandums he wrote when he was a junior lawyer in the office of the solicitor general: one on the Thornburgh case, which dealt with Roe v. Wade, and the other on Mitchell v. Forsyth, which addressed the attorney general's personal liability for wiretaps found to violate the Constitution.

Determined to fit the man to the Scalito caricature with which they hope to defeat his nomination to the Supreme Court, Judge Alito's detractors ignore the context and the content of both documents.

First the context. These were not the writings of a political operative seeking to make trouble or advance an agenda. The solicitor general takes a case to the Supreme Court only when some other part of the government - perhaps a division of the Department of Justice or another agency - recommends it.

In these instances, assistant attorneys general, presidential appointees and members of the attorney general's staff had formally recommended that the solicitor general argue to the Supreme Court in one case that Roe v. Wade be overturned, and in the other that the attorney general be granted absolute immunity from personal suits for his official actions.

As in every case, a junior staff member was assigned to analyze these recommendations and propose a course of action to the solicitor general. It fell to Judge Alito to write those memos.

Now the content. What is remarkable in both cases is that Judge Alito recommended against taking the position that more senior, politically appointed officials were urging the solicitor general to take before the court. In the abortion case, not only the head of the civil division but also other high-ranking officials were urging that I, as the solicitor general...

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Editorial; Government; News/Current Events; Politics/Elections; US: District of Columbia
KEYWORDS: samuelalito; scotus; supremecourt

1 posted on 01/03/2006 7:10:56 PM PST by neverdem
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To: neverdem

My tagline says it all.


2 posted on 01/03/2006 8:48:52 PM PST by Clintonfatigued (Sam Alito Deserves To Be Confirmed)
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To: neverdem
Here's what the NY Times editorial staff thought of Italian Americans.

January 27, 1905 New York Times Editorial -

[The proposed gun control] measure would prove corrective and salutary in a city filled with immigrants and evil communications, floating from the shores of Italy and Austria-Hungary. New York police reports frequently testify to the fact that the Italian and other south Continental gentry here are acquainted with the pocket pistol, and while drunk or merrymaking will use it quite as handily as the stiletto, and with more deadly effect. It is hoped that this treacherous and distinctly outlandish mode of settling disputes may not spread to corrupt the native good manners of the community.

They haven't changed much over the last century, have they? They still have no credibility.

3 posted on 01/03/2006 9:44:55 PM PST by El Gato (The Second Amendment is the Reset Button of the U.S. Constitution)
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To: El Gato

How did you find and retrieve that little gem?


4 posted on 01/03/2006 9:49:29 PM PST by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: neverdem
Determined to fit the man to the Scalito caricature with which they hope to defeat his nomination to the Supreme Court, Judge Alito's detractors ignore the context and the content of both documents.

As with most things, the liberals have no interest in truth. They only search for things they can twist into a lie and shout long and loud enough to justify their despicable actions.

Liberals frustrate you only if you accept their premise as true. When you see their lies and tactics, undoing them is easy, that is if you are willing to put up with their wailing and name calling afterward.

5 posted on 01/04/2006 8:01:47 AM PST by Mind-numbed Robot (Not all that needs to be done needs to be done by the government.)
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To: Mind-numbed Robot
Why do the nominees have to say they are against abortion by demand. Is the battle for life totally lost? Abortion is abhorrent simply because we are dealing with TWO entities, not just the life of the mother. I guess we need 60 Conservatives in the Senate before the USA can get back to morality.
6 posted on 01/04/2006 8:13:37 AM PST by Danrec
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To: Danrec

The abortion issue is one of the things they use to divide the electorate, hoping to benefit politically by the division. It is intended to turn women against men, the secular against the religious. Theirs is politics of divisiveness, creating "victim groups" and exploiting them for votes. Men/women, black/white, homo/straight, rich/poor, etc. In addition it creates unrest in the society instead of cohesiveness to address problems logically. With enough disruption and chaos, a society is supposed to give up on self-government and turn to a strong (Communist) central government savior. That is all part of the plan.

Roe v Wade was intended to grab more power from the states and put abortion under the federal umbrella. If RvW is reversed the question will revert to the individual states. It will not necessarily end legal abortion.


7 posted on 01/04/2006 9:24:22 AM PST by Mind-numbed Robot (Not all that needs to be done needs to be done by the government.)
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To: neverdem
How did you find and retrieve that little gem?

It was quoted on Gun Law News. I found it when researching the Sullivan law. Named after a former NYC police commissioner, Democratic Congressman, and Irish mobster.

8 posted on 01/04/2006 2:54:05 PM PST by El Gato (The Second Amendment is the Reset Button of the U.S. Constitution)
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