Right Thinking From The Left Coast
If everything seems under control, you're not going fast enough. - Mario Andretti

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Here Come De Justice

By now you have undoubtedly heard.

The Senate voted 58-42 on Tuesday to confirm Samuel Alito to the nation’s highest court, putting to bed the most partisan Supreme Court nomination battle in recent memory.

Only four Democrats joined 54 Republicans in support of Alito. Of the court’s present justices, only Clarence Thomas received a slimmer margin of victory, 52-48, but even then received the votes of 11 Democrats who broke party ranks.

“I’m concerned about his philosophy of the Constitution, his great effort of many years to expand presidential power at a time when there are real serious questions about the powers the president has,” said Sen. Jack Reed, D-R.I., who voted against Alito’s confirmation. Reed added that he feared Alito’s addition to the bench would mean more decisions restricting Congress’ power to legislate.

Alito replaces the court’s first woman justice, Sandra Day O’Connor, a moderate conservative and key swing vote on such high-profile issues as abortion, church-state separation and affirmative action. O’Connor has also in recent opinions demonstrated skepticism of President Bush’s executive power claims in prosecuting the War on Terror. Alito is widely expected to be friendlier to presidential power arguments.

The vast majority of Democrats, one Republican and the Senate’s lone Independent all protested Alito’s nomination for those very reasons. But a last-ditch effort to filibuster the nomination failed on Monday, when the Senate voted 72-25 to end debate and allow a simple majority vote.

You know what I find so entertaining about this whole thing?  This weak-ass argument that we hear from the left that Alito will change the ideological makeup of the court.  Well, DUH!  Of course he will, so what?  The last time I checked there was no constitutional requirement that the president appoint only people who have the identical ideological makeup of their predecessor.  I mean, oppose Alito on ideological grounds all you like, but to argue that he’ll vote differently than O’Connor is just an astonishingly ignorant and useless argument to make.

If the Democrats don’t like the makeup of the court under Republican administrations then the answer is very simple: win a few elections.

Posted by Lee on 01/31/06 at 10:47 AM in Politics • Permalink


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