
Confirm Alito Already . . .
As I sit here writing this post, floor debate is going on in the US Senate over the confirmation of Appellate Judge Samuel Alito. The American Bar Association (a notoriously liberal organization at the board of directors level) has stated that Alito is "well qualified" (the highest rating the ABA can give). It was no surprise that Ted "is that a bridge I see?" Kennedy and Joseph "Stalin" Biden vocally opposed his nomination in the Judiciary Committee. Now, however, the full Senate will weigh in and, barring some sort of disaster of epic proportions, Alito will be confirmed to the Supreme Court. Probably today.
While O’Connor was certainly not a judicial activist, Alito will be a welcome addition to the bench. He is well know for his judicial restraint and has a philosophy of letting the legislature legislate (as opposed to the judiciary legislating). That will be welcome on the Court. The criticism of his decision in Casey (an abortion case that was reversed by the Supreme Court) is misplaced. In fact, his opinion in that decision demonstrated his restraint and dedication to precedent… Read More