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Judge Samuel Alito Jr., whose entire history suggests
that he holds extreme views about the expansive powers
of the presidency and the limited role of Congress, will
almost certainly be a Supreme Court justice soon. His
elevation will come courtesy of a president whose
grandiose vision of his own powers threatens to
undermine the nation's basic philosophy of government —
and a Senate that seems eager to cooperate by rolling
over and playing dead.
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01/25/06 Randi Rhodes re: Alito Part 1
http://www.apfn.net/audio/A006106012519022701010-RANDI1.ogg
01/25/06 Randi Rhodes re: Alito Part 2
http://www.apfn.net/audio/A006106012519022701010-RANDI2.ogg
Senators in Need of a Spine
http://www.therandirhodesshow.com/live/node/2180
Judge Samuel Alito Jr., whose entire history suggests
that he holds extreme views about the expansive powers
of the presidency and the limited role of Congress, will
almost certainly be a Supreme Court justice soon. His
elevation will come courtesy of a president whose
grandiose vision of his own powers threatens to
undermine the nation's basic philosophy of government —
and a Senate that seems eager to cooperate by rolling
over and playing dead.
It is hard to imagine a moment when it would be more
appropriate for senators to fight for a principle. Even
a losing battle would draw the public's attention to the
import of this nomination.
At the Judiciary Committee hearings, the judge followed
the well-worn path to confirmation, which has the
nominee offer up only the most boring statements and
unarguable truisms: the president is not above the law;
diversity in college student bodies is a good thing. But
in what he has said in the past, and what he refused to
say in the hearings, Judge Alito raised warning flags
that, in the current political context, cannot simply be
shrugged away with a promise to fight again another day.
The Alito nomination has been discussed largely in the
context of his opposition to abortion rights, and if the
hearings provided any serious insight at all into the
nominee's intentions, it was that he has never changed
his early convictions on that point. The judge — who
long maintained that Roe v. Wade should be overturned —
ignored all the efforts by the Judiciary Committee's
chairman, Arlen Specter, to get him to provide some
cover for pro-choice senators who wanted to support the
nomination. As it stands, it is indefensible for Mr.
Specter or any other senator who has promised
constituents to protect a woman's right to an abortion
to turn around and hand Judge Alito a potent vote to
undermine or even end it.
But portraying the Alito nomination as just another
volley in the culture wars vastly underestimates its
significance. The judge's record strongly suggests that
he is an eager lieutenant in the ranks of the
conservative theorists who ignore our system of checks
and balances, elevating the presidency over everything
else. He has expressed little enthusiasm for
restrictions on presidential power and has espoused the
peculiar argument that a president's intent in signing a
bill is just as important as the intent of Congress in
writing it. This would be worrisome at any time, but it
takes on far more significance now, when the Bush
administration seems determined to use the cover of the
"war on terror" and presidential privilege to ignore
every restraint, from the Constitution to Congressional
demands for information.
There was nothing that Judge Alito said in his hearings
that gave any comfort to those of us who wonder whether
the new Roberts court will follow precedent and continue
to affirm, for instance, that a man the president labels
an "unlawful enemy combatant" has the basic right to
challenge the government's ability to hold him in
detention forever without explanation. His much-quoted
statement that the president is not above the law is
meaningless unless he also believes that the law
requires the chief executive to defer to Congress and
the courts.
Judge Alito's refusal to even pretend to sound like a
moderate was telling because it would have cost him so
little. Chief Justice John Roberts Jr., who was far more
skillful at appearing mainstream at the hearings, has
already given indications that whatever he said about
the limits of executive power when he was questioned by
the Senate has little practical impact on how he will
rule now that he has a lifetime appointment.
Senate Democrats, who presented a united front against
the nomination of Judge Alito in the Judiciary
Committee, seem unwilling to risk the public criticism
that might come with a filibuster — particularly since
there is very little chance it would work. Judge Alito's
supporters would almost certainly be able to muster the
60 senators necessary to put the nomination to a final
vote.
A filibuster is a radical tool. It's easy to see why
Democrats are frightened of it. But from our
perspective, there are some things far more frightening.
One of them is Samuel Alito on the Supreme Court.
* Copyright 2006The New York Times Company
*
http://www.nytimes.com/2006/01/26/opinion/26thur1.html?_r=3&hp=&pagewanted=print
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