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Friday, November 04, 2005 

Proper hearings for Alito

It seems as if the accusations and posturing on American President George W Bush's newest Supreme Court nominee, Samuel Alito have already begun. The President certainly seems to have pacified his conservative base after the Harriet Miers debacle - many of his supporters who were once noting their disillusionment with his Presidency are now singing Judge Alito's praises. Some go so far as to say that Roe v Wade is now on track to being overturned. On the left, we're starting to hear the typical rhetoric and alarm bells ringing, with many grassroots organizations beginning advertising drives and predicting the downfall of America's reasonably secular judicial system should Alito be confirmed.

It's unfortunate that the American system of lobbyists, pundits and legislators have already begun to slide into this type of debate. Using this kind of rhetoric to appeal to emotions and to predict doomsday scenarios does nothing for the institution of Congress, for the Supreme Court, or for Judge Alito. All of the above would be served best by a rational investigation of the Judge's career and qualifications - if he is qualified and if he is committed to interpreting the law strictly, he should be confirmed.

While Harriet Miers' credentials were somewhat in question - though there have been previous Supreme Court justices with no previous experience on the bench - Judge Alito's are certainly not. He has sat on the 3rd Circuit Court of Appeals since 1990, 15 years of experience. Much of his work has been within public prosecution, and he has had his law degree for 30 years. Certainly qualified as a judge and as a legal mind. What is not quite as concrete as yet is his commitment to strictly interpreting the Constitution and refusing to legislate from the bench. This is what must be ascertained from a series of disciplined and respectful Congressional hearings. Everyone has their own political leanings, however strong or weak - but what is critical is how they will let those leanings as well as their religious beliefs and cultural prejudices impact their interpretation of laws that effect an entire nation.

Whether Judge Alito is pro-life or pro-choice seems to me to be irrelevant in this situation. So long as he strictly interprets the law and does not seek to use the Supreme Court as a method of imprinting his own worldview on the country, he should be confirmed with all due haste. What America needs on the Supreme Court is smart legal minds with a wealth of different experiences as a group who will interpret the law properly and strictly. I sincerely hope that Americans can recognize this and forego the lengthy, protracted and emotional debate that the country does not need.

Bush has nominated this guy for one reason only. To shore up the last support he has in the country, the Christian Right!

"The end justifies the means" is the motto of the political Christian leadership and keeping Bush from being a lame duck is the end!

I think what you're saying is absolutely right - but it doesn't do anyone any good to jump to those kind of conclusions before we get into a real discussion and analysis of Judge Alito's views on the role of a judge. He may not be an appropriate nominee for the bench based on a variety of factors - but I don't think we're there yet.

The problem in America is that both sides are using the Constitution as a partisan document for legal rights that obviously can't be imparted. There's a pretty good argument that abortion etc should be left to the states anyway.

What I find most amusing of all, of course, is that the "conservatives" complain about not wanting "legisature from the bench" when in fact, they do, just in their own way. And if they actually tried to interpret the constitution as it was meant, they'd find some pretty uncomfortable truths anyway.

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