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Journal janeowit's Journal: You don't care whose opinion I'm stealing when I judge Alito 5

First of all, I am pretty sure that Samuel Alito will be confirmed next week, and there will be no Democratic filibuster. Sure it might be fun to watch, but it isn't going to happen. Having said that, I thought I'd talk a little about my personal thoughts on the nomination.

I can't possibly imagine that, other than Harriet Myers, there is not one female in the enitre country who is qualified to be a supreme court justice.

Alito is from Trenton, NJ. Antonin Scalia is from Trenton, NJ. Do we really want New Jersey having that much political sway in the courts? I don't think so!

And finally, I take most of political decisions from one of my favorite senators. A man I truly believe stands up for what he belives in, but is also willing to give a little to get a little. Also, I have a big crush on him because Russ Feingold is one short sexy* man.

Feingold has a record of supporting disputed Republican picks for top posts, including Ashcroft. He has argued that Democrats must support the qualified conservative nominees of Republican presidents if they expect Republicans to support the qualified liberal nominees of Democratic presidents. But he has consistently made it clear that would oppose a Supreme Court nominee in an instance where a president selected someone who was too extreme, too biased or too ethically challenged. And for the first time since entering the senate 13 years ago, he has.

Here are the main reasons he/I don't support Alito (from his statement).

  • "Judge Alito's record and testimony strongly suggest that he would do what he has done for much of his 15 years on the bench: defer to the executive branch in case after case at the expense of individual rights. Although he has not decided cases dealing with the Bill of Rights in wartime, he has a very long record on the bench of ruling in favor of the government and against individuals in a variety of contexts."
  • "In almost every Fourth Amendment case in which Judge Alito wrote an opinion, he either found no constitutional violation or argued that the violation should not prevent the illegally obtained evidence from being used."
  • "Judge Alito's record and his testimony have led me to conclude that his impulse to defer to the executive branch would make him a dangerous addition to the Supreme Court at a time when cases involving executive overreaching in the name of fighting terrorism are likely to be such an important part of the Court's work. "
  • "I am also concerned about Judge Alito's record and testimony on cases involving the death penalty... Alito participated in five death penalty cases that resulted in split panels, and in every single one of those he voted against the death row inmate. A Washington Post analysis found that he ruled against defendants and for the government in death penalty cases significantly more often than other judges. I was particularly troubled by his refusal to say that an individual who went through a procedurally perfect trial, but was later proven innocent, had a constitutional right not to be executed. The Constitution states that no one in this country will be deprived of life without due process of law. It is hard to even imagine how any process that would allow the execution of someone who is known to be innocent could satisfy that requirement of our Bill of Rights. "
  • "With respect to reproductive rights, Judge Alito said that he would look at any case with an "open mind." That promise, however, is not reassuring given his prior denunciations of Roe, his legal work to undermine Roe, and his failure to disavow the strong legal views he had expressed in the 1980s when given the opportunity at his hearing. In [1985] Alito wrote that he believed that the Constitution does not protect a right to abortion, and... he wrote a memo advocating a strategy for the Reagan Administration to chip away at Roe v. Wade, with the ultimate goal of overturning that decision. Since he refused to say that he changed his mind, despite numerous chances, one can only think that he still believes what he said in 1985. And his opinions as a Third Circuit judge raise a legitimate concern that he will, if given the opportunity, be inclined to narrow reproductive rights. "

So in conclusion, let me steal Russ's words one last time. It gives me no pleasure or satisfaction to vote against a nominee to the Supreme Court. If confirmed, he may well serve for over 20 years. I would very much like to have confidence that this new Justice, who plainly has a keen legal mind, would be the kind of impartial, objective, and wise Justice that our nation needs. But I do not, so I will vote No.

I think I need to take a cold shower now.

* I admit that isn't the hottest picture of him, but it does have the funniest caption. He sure looks good in this one!

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You don't care whose opinion I'm stealing when I judge Alito

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  • .. It is such a silly thing ..I don't believe they haven't legislated against it as undemocratic .
  • I think you are dead wrong on Judge Alito, he deserves to be confirmed. Here is what convinced me; it all happened on a single night earlier this year, (oh what a night). You see, while nothing of any particular significance happened on that night per se , it was a important night for me because it was on that night that I thought about significant things that happened on an even earlier night.

    And just what did I remember, on that night in question in late January of 2006, that convinced me that Judg

    • First of all, let me say I respect your decision. As you see, I came to mine pretty much by reading someone else's, so I probably shouldn't nitpick about the way you came about yours.

      But I am. Because I hate John Stossel. I hate his half-truths.

      Everything he says in the article is correct, but if you continue reading he says "Amazingly, there's no evidence that all this spraying hurt people. It killed mosquitoes. (DDT also kills bedbugs, which are now making a comeback.) It did cause some harm, however.

      • I, for one, greatly applaud your use of the end-line.
      • Extensive research has revealed what John Stossel wants. Studying a column written on June 17th, 2005 called "Why is the Best Sunscreen Blocked by the FDA?" (answer: he isn't sure) and another column written, (wait for it), on July 6th, of the same year called "Protecting us from Sunscreen?"(answer: he guesses not), make the matter abundantly clear.

        John Stossel wants better sunscreen. Or rather, since he admits that he is easily able to get the sunscreen he so craves, what John Stossel really wants i

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