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Bush's New Nominee - The Neo-Cons Strike Back?

Liona Clio
Angel in Disguise
Join date: 30 Aug 2004
Posts: 1,500
10-31-2005 07:55
http://www.cnn.com/2005/POLITICS/10/31/scotus.bush/index.html



From: someone
Bush nominates Alito to Supreme Court


WASHINGTON (CNN) -- Moving quickly to pick a Supreme Court nominee after his last selection withdrew her name, President Bush on Monday nominated Circuit Court Judge Samuel Alito -- a favorite of conservatives -- to replace Justice Sandra Day O'Connor.

"Judge Alito's reputation has only grown over the span of his service," Bush said from the White House, with Alito by his side. "He has participated in thousands of appeals and authored hundreds of opinions. This record reveals a thoughtful judge who considers the legal merits carefully and applies the law in a principled fashion."

Alito, a former U.S. attorney who has been a judge for 15 years, said while on the bench he has kept in mind what he called a "solemn responsibility."
"Federal judges have the duty to interpret the Constitution and the laws faithfully and fairly, to protect the constitutional rights of all Americans, and to do these things with care and with restraint, always keeping in mind the limited role that the courts play in our constitutional system," he said.

"And I pledge that, if confirmed, I will do everything within my power to fulfill that responsibility."

Sen. Charles Schumer, a member of the Senate Judiciary Committee that will hold a hearing on the nomination, panned Bush's choice.

"It is sad that the president felt he had to pick a nominee likely to divide America instead of choosing a nominee in the mold of Sandra Day O'Connor, who would unify us," the New York Democrat said.

Bush called for Alito to be confirmed as associate justice by the end of the year. His first pick to replace O'Connor was Judge John Roberts. After Chief Justice William Rehnquist died in September, however, Roberts was re-nominated and confirmed to fill that position.

His second nominee, White House counsel Harriet Miers, withdrew from the process Thursday after weeks of opposition from liberals and conservatives, who questioned her qualifications and record.

Senate Minority Leader Harry Reid said an Alito appointment would narrow the high court's view, making it less diverse.

"This appointment ignores the value of diverse backgrounds and perspectives on the Supreme Court," the Nevada Democrat said. "The president has chosen a man to replace Sandra Day O'Connor, one of only two women on the court. For the third time, he has declined to make history by nominating the first Hispanic to the court."




'Scalito'


Legal experts consider the 55-year-old Alito so ideologically similar to Justice Antonin Scalia that he has earned the nickname "Scalito."
In 1991, in one of his more well-known decisions, he was the only dissenting voice in a 3rd Circuit ruling striking down a Pennsylvania law that required women to notify their husbands if they planned to get an abortion.

Alito, a Yale law graduate, also wrote the opinion in 1999 in a case that said a Christmas display on city property did not violate separation of church and state doctrines because it included a large plastic Santa Claus as well as religious symbols.

Alito was put on the circuit court bench by President George H.W. Bush in 1990 after his service as U.S. attorney for the District of New Jersey.

He also served as assistant to Solicitor General Rex E. Lee from 1981 to 1985, where he argued 12 cases before the Supreme Court.




Confirmation could be tough battle


Reid said the Senate would give Alito "an especially long hard look by the Senate because of what happened last week to Harriet Miers."

"Conservative activists forced Miers to withdraw from consideration for this same Supreme Court seat because she was not radical enough for them," he said. "Now the Senate needs to find out if the man replacing Miers is too radical for the American people."

Sen. Arlen Specter, a Pennsylvania Republican who chairs the Judiciary Committee, said Sunday he is "very worried" that Democrats could filibuster a candidate they perceive as an extreme right-wing jurist.

The topic that "dominates the discussion," Specter said, is abortion.

Both sides of the debate want to know in advance how a nominee will vote on the issue, but that is an answer that "no one is entitled to," he said. (CNN's Jeffrey Toobin talks about Alito's record on abortion -- 1:42)

As opposed as they were to Miers' nomination, conservative activists were equally ecstatic with the president's latest choice.

"Harriet Miers was a feminist who had no judicial experience and her strongest qualification was that she's a friend of the president's. Alito has a terribly impressive record as a judge and as a prosecutor," said Phyllis Schlafly, president of the ultra-conservative Eagle Forum.

Jan LaRue, legal counsel for Concerned Women for America, a conservative public policy group, complimented Alito's qualifications and said he "has always been one of our top choices for the Supreme Court."

Abortion-rights activists said they strongly opposed the nomination.

"Judge Alito would undermine basic reproductive rights, and Planned Parenthood will oppose his confirmation," Karen Pearl, interim president of the organization. "It is outrageous that President Bush would replace a moderate conservative like Justice O'Connor with a conservative hardliner."

Bush nominated Miers on October 3 to replace O'Connor, often a moderate swing vote, on the high court.

O'Connor, who has announced her retirement, will stay on the court until the Senate confirms her replacement.



Well, at least you can say this about Bush...He's predictable. Let the ranting commence!
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Lo Jacobs
Awesome Possum
Join date: 28 May 2004
Posts: 2,734
10-31-2005 11:25
I think Seth had a brilliant point here:

From: Seth Kanahoe
Many believe that the Bush administration never intended for Ms. Mier to become an associate justice of the Supreme Court. She was what is called a "stalking horse" from the get-go - and the administration vetted and handled her for that purpose.

The thinking in Washington - among Democrats, Republicans, journalists, and academics - is that Miers was nominated as part of a larger strategy. By offering herself as a sacrificial candidate, she may have cleared the way politically for any arch-conservative, controversial candidate the administration will now turn to. The Miers nomination, in other words, was a rather craven and transparent ploy to "soften up" the evaluation process in preparation for another nominee.
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Seth Kanahoe
political fugue artist
Join date: 30 Jan 2005
Posts: 1,220
10-31-2005 11:30
Ya, turns out that Miers was a stalking horse in one of the most craven political stratagems in recent American history. It does tend to give lie to Bush's image as a moral person and a just leader. It also demonstrates how transparently dumb his political handlers are - the symbol was Miers getting on the helicopter with Bush for the weekend at Camp David after she opted out.
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Lecktor Hannibal
YOUR MOM
Join date: 1 Jul 2004
Posts: 6,734
10-31-2005 12:20
Funny ya'll bring this up as that is exactly what I thought when he nominated her. I cannot believe the level of bullshit rolling off the hill anymore.
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From: Khamon Fate
Oh, Lecktor, you're terrible.

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Neehai Zapata
Unofficial Parent
Join date: 8 Apr 2004
Posts: 1,970
10-31-2005 13:21
I can't see how this nomination is good for the Republican party. If I were a moderate Republican I would be worried.

This nominee is a no brainer for Democrats. He will get a pretty universal no vote.

This leaves the Republian party to either unify around a candidate that is a bit extreme or fight among themselves and expose some defectors.

They may unify and that will be fine for the party, but it may hurt them in 2006. Dissent within the party over the nominee will hurt.

Either way, Democrats can pretty much sit back and stir the shit every once in a while for giggles.
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Liona Clio
Angel in Disguise
Join date: 30 Aug 2004
Posts: 1,500
10-31-2005 13:52
From: Seth Kanahoe
Ya, turns out that Miers was a stalking horse in one of the most craven political stratagems in recent American history. It does tend to give lie to Bush's image as a moral person and a just leader. It also demonstrates how transparently dumb his political handlers are - the symbol was Miers getting on the helicopter with Bush for the weekend at Camp David after she opted out.


Do you really think it helped him any? I mean, it seems to me the Miers nomination alienated both sides of the political spectrum. What possible benefit does he gain from Myers that will boost Alito's chances? I thought strategems were plans of action designed to *help* your cause...
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"Well, my days of not taking you seriously have certainly come to a middle."
Neehai Zapata
Unofficial Parent
Join date: 8 Apr 2004
Posts: 1,970
10-31-2005 13:56
Well, Miers was a good way to test his base. I'm just not sure how reliable they are right now.

It also filled his "obligation" to nominate a woman.
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Kendra Bancroft
Rhine Maiden
Join date: 17 Jun 2004
Posts: 5,813
10-31-2005 13:56
From: Liona Clio
I thought strategems were plans of action designed to *help* your cause...



yes --but Bush practices "strategery".
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