Booman Tribune

Bush to Name "Scalia-like" Alito

by susanhu
Mon Oct 31st, 2005 at 07:24:33 AM EST

Talk about "being careful what we wish for." This nomination, unlike Miers, will solidify Bush's base, which he will need on his side in order to thwart fall-out from the CIA leak case.

Samuel Alita, of the U.S. Court of Appeals in Philadelphia, will be nominated Monday by the White House. "Alito, 55, is considered a conservative in the mold of Justice Antonin Scalia." (Yahoo/Reuters)

Notes the A.P. ominously, "Bush believes that Alito has not only the right experience and conservative ideology for the job, but he also has a temperament suited to building consensus on the court."

Great ... I was so hoping for a Scalia-like consensus builder. Harriet doesn't look so bad now, given that Alita looks like a near shoo-in despite expected Democratic bluster:

While Alito is expected to win praise from Bush's allies on the right, Democrats have served notice that his nomination would spark a partisan brawl. Senate Minority Leader Harry Reid, D-Nevada, said Sunday that Alito's nomination would "create a lot of problems." A.P.

CNN just reported that Harry Reid didn't receive the "courtesy call" from the White House until CNN and others had already been reporting Alita's nomination.

The White House hopes the choice mends a rift in the Republican Party caused by his failed nomination of Miers, and puts his embattled presidency on a path to political recovery. Democrats already put the White House on notice that a conservative judge such as Alito would create problems.

So consistently conservative, Alito has been dubbed "Scalito" or "Scalia-lite" by some lawyers because his judicial philosophy invites comparisons to conservative Supreme Court Justice Antonin Scalia. But while Scalia is outspoken and is known to badger lawyers, Alito is polite, reserved and even-tempered. (TimesUnion)

Born in 1950 -- he's young, with decades ahead -- Alito was nominated for the third circuit of the Court of Appeals by Dubya's father in 1990. He graduated from Princeton and Yale law school. (fed. judge bio site)

"As the author of a widely noted dissent urging his court to uphold restrictions on abortion that the Supreme Court then struck down, in a decision that reaffirmed Roe v. Wade, Alito could be especially filibuster-prone. Like Scalia, he frequently makes his mark in dissent," reports Slate, via OutsideTheBeltway.

From ThinkProgress:

ALITO WOULD OVERTURN ROE V. WADE: In his dissenting opinion in Planned Parenthood v. Casey, Alito concurred with the majority in supporting the restrictive abortion-related measures passed by the Pennsylvania legislature in the late 1980’s. Alito went further, however, saying the majority was wrong to strike down a requirement that women notify their spouses before having an abortion. The Supreme Court later rejected Alito’s view, voting to reaffirm Roe v. Wade. [Planned Parenthood of Southeastern Pennsylvania v. Casey, 1991]

ALITO WOULD ALLOW RACE-BASED DISCRIMINATION: Alito dissented from a decision in favor of a Marriott Hotel manager who said she had been discriminated against on the basis of race. The majority explained that Alito would have protected racist employers by “immuniz[ing] an employer from the reach of Title VII if the employer’s belief that it had selected the ‘best’ candidate was the result of conscious racial bias.” [Bray v. Marriott Hotels, 1997]

ALITO WOULD ALLOW DISABILITY-BASED DISCRIMINATION: In Nathanson v. Medical College of Pennsylvania, the majority said the standard for proving disability-based discrimination articulated in Alito’s dissent was so restrictive that “few if any…cases would survive summary judgment.” [Nathanson v. Medical College of Pennsylvania, 1991]

ALITO WOULD STRIKE DOWN THE FAMILY AND MEDICAL LEAVE ACT: The Family and Medical Leave Act (FMLA) “guarantees most workers up to 12 weeks of unpaid leave to care for a loved one.” The 2003 Supreme Court ruling upholding FMLA [Nevada v. Hibbs, 2003] essentially reversed a 2000 decision by Alito which found that Congress exceeded its power in passing the law. [Chittister v. Department of Community and Economic Development, 2000]

ALITO SUPPORTS UNAUTHORIZED STRIP SEARCHES: In Doe v. Groody, Alito agued that police officers had not violated constitutional rights when they strip searched a mother and her ten-year-old daughter while carrying out a search warrant that authorized only the search of a man and his home. [Doe v. Groody, 2004]

ALITO HOSTILE TOWARD IMMIGRANTS: In two cases involving the deportation of immigrants, the majority twice noted Alito’s disregard of settled law. ...

Oui has a diary with more stories and insights.



Display:
He sounds like just what we would expect from Bush.  The question is, how many Dems will vote to confirm him?

Or will they bring out their precious "powder" for this one?  Of course, a fight might help take the heat off the CIA leak; I'm sure the press will be happy to oblige...</curmudgeonly snark>

Happy Monday!

"Little people are very stuff-intensive."

by CabinGirl on Mon Oct 31st, 2005 at 07:34:03 AM EST
He'll get in.

We'll raise a huge stink.  But he'll get in.  

Suddenly, a malleable Harriet Miers looks quite wonderful.

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."

by susanhu (susanhuatearthlinkdotnet) on Mon Oct 31st, 2005 at 07:37:46 AM EST
[ Parent ]
Well, I guess I'll be b----in' to Arlen's office this morning.

"Little people are very stuff-intensive."
by CabinGirl on Mon Oct 31st, 2005 at 07:42:25 AM EST
[ Parent ]
Please do. That is exactly what we need to do to support Sen. Reid and the others in handing the bushies yet another defeat.

The 10,000 Things
by Andrew C White (acwhite.nospam.@taconic.net) on Mon Oct 31st, 2005 at 07:56:38 AM EST
[ Parent ]
If anyone else wants to call Specter too, the DC number is 202-224-4254.

"Little people are very stuff-intensive."
by CabinGirl on Mon Oct 31st, 2005 at 08:03:26 AM EST
[ Parent ]
I am still holding out (faint) hope that young women might actually pay attention and hear things like "notify the husband" and suddenly have an epiphany that they are in danger of losing their reproductive rights.  As it is, young woman are complacent and apathetic.  WTF will it take to shake them up a little and get them involved so they retain the right of self-determination?
by Second Nature (denn1214 at gmail) on Mon Oct 31st, 2005 at 07:43:39 AM EST
[ Parent ]
when the nightmare begins and they find that their reproductive rights have been taken away.

If I had my life to live over, I would do it all again, but this time I would be nastier -- Jeannette Rankin
by AndiF (ferguson1461 at gmail dot com) on Mon Oct 31st, 2005 at 08:11:55 AM EST
[ Parent ]
It's so sad, but even for me that was the first time I ever thought about it, when a friend was in crisis and we all ended up in Boulder and the doctor there talked to all of us about protecting our rights.  It had never crossed my mind before that.  The world was at my feet and I was going to live forever and everything was without limits.

PMS Purchase More Shoes
by Militarytracy on Mon Oct 31st, 2005 at 09:39:08 AM EST
[ Parent ]
of knowing what it was like before Roe. We know way too well what might be lost and what it will mean.

If I had my life to live over, I would do it all again, but this time I would be nastier -- Jeannette Rankin
by AndiF (ferguson1461 at gmail dot com) on Mon Oct 31st, 2005 at 11:13:20 AM EST
[ Parent ]
I disagree. I think this is where they bring out all the ammunition. I think, gaaawddd I hope I'm reading this right, that Reid has signaled that this is the battleground. And, I think, that the chessboard is laid out very much in our favor despite their numerical advantage.

Now it's up to the big boys and girls to kick some ass.

The 10,000 Things

by Andrew C White (acwhite.nospam.@taconic.net) on Mon Oct 31st, 2005 at 07:59:50 AM EST
[ Parent ]
Sort of like the Radical Right's "BIG F*CK YOU" to us. Alito is a Catholic, now the Supreme Court will have four Opus Dei members.

Looks like Dominionism is on the rise.

by XicanoPwr (chicanopwr at gmail.com) on Mon Oct 31st, 2005 at 08:47:20 AM EST
[ Parent ]
This guy sounds awful!

But in a way, taking a little bit of heat off of Fitzgerald might not be such a bad thing. Fitzgerald will methodically move ahead, but it might be even easier without so much garble and static from the MSM and the sock puppets. The leak investigation took its course without much attention from the MSM until just a few weeks ago. A part of me thinks it wasn't derailed, because it was in the background and could develop without screaming republican politicians and their collaborators in the press getting in the way.


"You can measure the moral character of individuals and institutions by the way they treat defenseless persons. " -- Henlee Barnette

by coffee cup on Mon Oct 31st, 2005 at 08:46:09 AM EST
[ Parent ]
Obviously, they all sat around at Camp David with crushed little egos and knew that they just had to come up with a new SCOTUS nominee that would please and solidfy their scary fundie base, and announce it during the Monday morning news shows to take the heat off the CIA leak.

Hopefully, with Wilson and Matt Cooper making the rounds of the talk shows it'll stay in focus even through the Alito nomination and subsequent back and forth.

THe question for Dems is: do they take advantage of a politically weakened president and go whole hog after Alito's socially strident legal positions, or are they afraid of appearing as obstructionists?  Certainly we can hope to appeal to moderate, pro-choice republicans to vote against Alito.  Providing their are any left...

by Second Nature (denn1214 at gmail) on Mon Oct 31st, 2005 at 07:40:43 AM EST
The answer is... Yes.

If ever there was a time to go on an all out offensive this is it. The Miers debacle, the weakened, feckless President held hostage to a fringe element within in his own party. Yes, attack this nomination, the far right, and this waffling President with everything you've got.

Go Get'M Harry!

The 10,000 Things

by Andrew C White (acwhite.nospam.@taconic.net) on Mon Oct 31st, 2005 at 07:55:06 AM EST
[ Parent ]
Why, oh why, did people vote for this dinosaur Bush.  Look what he is doing to the country.
by Time Waits for no Woman (time.waits_at_gmail.com) on Mon Oct 31st, 2005 at 07:45:11 AM EST
I do not often commnet on things such as this, for my lack of knowledge is humongous; however, I do think this is just bushs way of creating stink to keep the light off of his WH.  I would expect the committee to fight this nomination all the way.

This man is an evil man to boot, even if they call him scalia lite.  These kind of men are not logical nor are they a fair judge, in concerning the law.  They do not keep in line the law they are there to interpret, but to create distention within the particular law, henseforth, creating new laws.

This  a sad day for America!

by BrendaStewart (stormyweather1@hotmail.com) on Mon Oct 31st, 2005 at 07:47:45 AM EST
then this is what we want. The stage is set to make it so easy to paint this guy as the extreme right wing wack job that he is. Faaaaarrrr outside of the mainstream. A weak bush being held hostage to the very vocal but extreme fringe of his party. This man does not represent American values he represents the values of this fringe element to whom bush is playing the toady.

Outside the mainstream.

Right wing activist.

Hostage to the fringe element.

Unacceptable.

The 10,000 Things

by Andrew C White (acwhite.nospam.@taconic.net) on Mon Oct 31st, 2005 at 07:51:40 AM EST
What good does that do when we don't have the votes to defeat him?

And, if we filibuster, etc., then we'll be the negative focus whereas, when Harriet was running, the conservative pundits were the bad guys.

The "base" will be THRILLED by the battle, and rush to Bush's side.  He needs that core group right now.

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."

by susanhu (susanhuatearthlinkdotnet) on Mon Oct 31st, 2005 at 07:54:58 AM EST
[ Parent ]
My hope is that we do have the votes to defeat him. That is an unknown but it is my hope that this President is weak enough, Frist is weak enough, the GOP damaged enough, and the media no longer completely intimidated enough, and this nominee far right wing enough that several of the sane Republican Senators signal that they will vote with the Dems.

Short of that we do filibuster but that is where having the stage set this way works for us. The story line is of a President held hostage by the fringe element and foisting first an incompetent and then a radical upon the nation because he doesn't have what it takes to truly lead. The story line isn't about us and the filibuster it is about a President whose White House is under suspicion, under indictment, losing a war, held hostage to fringe elements, and a proven lier and deceiver. The story line is all negative and all about them.

What was that number? 9 of 10 thinks the White House lied about Iraq? Once you are known as a lier people never believe you again.

The 10,000 Things

by Andrew C White (acwhite.nospam.@taconic.net) on Mon Oct 31st, 2005 at 08:06:39 AM EST
[ Parent ]
When your opponent is "weak," isn't it wise to pick the most favorable battlefield?

The CIA Leak case was our most favorable battlefield.  

The more we fight this nomination, the more the focus will switch from the leak case to abortion.

And the display of obstructionism by the Democrats will win their base, but we are not in the weak position, at this moment, of having to rally our base, as Bush must.

We can only fight on so many fronts, even with a weak opponent. We don't need this distraction -- expensive both in terms of money needed to be raised but also in energy and time.

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."

by susanhu (susanhuatearthlinkdotnet) on Mon Oct 31st, 2005 at 08:14:51 AM EST
[ Parent ]
Well... we don't get to avoid the SJ nomination. That much is in their control. But the stage could not be set better for having this fight. If bush felt confident he could have gotten this guy through then he would have nominated him first. bush showed weakness, that he had been defeated in the Senate filibuster battle, when he did not nominate a right wing wack job like this guy the first time around.

And, thankfully, the indictment battle will continue throughout the rest of his presidency. The fact is that is a front that will keep him on the defensive and that he has to deal with everyday regardless. If our electeds can't keep the fight up on both these fronts then they are truly useless anyhow... and I don't believe that.

This is not a sure win for us. By no means. It is a difficult battle. All I am saying is that this battle was going to happen sometime and short of it waiting until after we regain the Senate in '06 the chessboard is set in a manner as favorable to us as it can be. The onus is on them not us.

The 10,000 Things

by Andrew C White (acwhite.nospam.@taconic.net) on Mon Oct 31st, 2005 at 08:29:35 AM EST
[ Parent ]
The CIA case didn't feel like a battle. A serious crime was commited and was/is being investigated.

The elected Dems didn't need to DO anything. And the resulting indictments just reinforced and confirmed the corruptness of Bush and his administration.

Fitzgerald will proceed based on legal processes, yes? What can the Dems do that would be battle-like?

If the Dems don't come out fighting hard against this nomination, using it to declare what the Democratic Party is all about, then for me, they truly have become empty suits.

 

Those who dance are considered insane by those who can't hear the music. (George Carlin)

by tampopo on Mon Oct 31st, 2005 at 08:49:10 AM EST
[ Parent ]
Did Carlin really come up with that?  I've always liked him...

Your concepts are like a stake that a donkey can be tethered to for 10 million years ~ Zen saying
by wry twinger (danmc15@hotmail.com) on Mon Oct 31st, 2005 at 09:02:07 AM EST
[ Parent ]
Yes - I came across the line in Carlin's book, "BrainDroppings."

I like him too. I think of his whole comic routine on "stuff" when I am preparing for travel.

Those who dance are considered insane by those who can't hear the music. (George Carlin)

by tampopo on Mon Oct 31st, 2005 at 09:40:43 AM EST
[ Parent ]
Susan, you sound like a Democratic Senator.  

You fight for your ideals because they are ideals -- not because the cause is winnable, or the politics favorable.

This is why "liberals" lose.  First they say they don't want wingnuts on the court, then applaud when a compromise is hammered out that allows wingnuts onto the court.  They say they don't a judge who will overturn Roe but then vote for Roberts.

The right stands for something: as disgusting an agenda ever promoted in this republic.  The Democrats do not -- that is why this nomination will fly through the Senate.

You may be willing to give up your civil rights for a few more points in a poll, but I am not.  Bush is president for three more years -- either you fight his agenda or you fight his poll numbers.

One question: who wants to vote for a party that will not fight for those who support it?  Who are willing to screw the nation half the time because it doesn't know whether it has the balls to win.  We live in Vichy-America, where a lazy citizenry is content to let its rights erode in exchange for cheap DVD players from China -- where the political opposition is willing to let the Constitution be destroyed in exchange for a few paving jobs in their district.

--- A (former) member of the dreaded MSM, so be kind.

by numediaman on Mon Oct 31st, 2005 at 09:17:06 AM EST
[ Parent ]
"You fight for your ideals because they are ideals -- not because the cause is winnable, or the politics favorable."

Bingo!!!!

As Martin Luther King, Jr. said:

"Cowardice asks the question, 'Is it safe?' Expediency asks the question, 'Is it politic?' But conscience asks the question, 'Is it right?' And there comes a time when one must take a position that is neither safe, nor politic, nor popular but because conscience tells one it is right."

Doesn't information itself have a liberal bias? Steven Colbert

by NLinStPaul on Mon Oct 31st, 2005 at 09:23:58 AM EST
[ Parent ]
It looks like I should have explained myself better.

I thought that, in time, Miers would have been a moderate on the bench, especially as she learned constitutional law from the other justices and her many able clerks.

At least there was the hope that, because of her various public statements on abortion, etc., that she was somewhat malleable.

This guy is not malleable.  He's hardcore. We'll have to invest a lot of time and money in opposing him -- and I'd think any sane Democrat would worry about that when we have so many other issues that aren't going our way.

We're at a terrible disadvantage because we have no control of these processes.... except for that 'gang of 14" group, and I'm not hopeful that they'll fight this nomination.  

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."

by susanhu (susanhuatearthlinkdotnet) on Mon Oct 31st, 2005 at 10:21:51 AM EST
[ Parent ]
We can only fight on so many fronts, even with a weak opponent. We don't need this distraction -- expensive both in terms of money needed to be raised but also in energy and time.

The SCOTUS nominations aren't a 'distraction', the SCOTUS confirmations will be with us for the rest of our lives. 10 years from now nobody but political junkies will remember the name of Fitzgerald or Libby. 10 years from now your status as an autonomous adult with full civil rights will be severely compromised.  
This is a guy who thinks that men own the bodies of their wives.  

by the other colleen on Mon Oct 31st, 2005 at 09:32:03 AM EST
[ Parent ]
10 years from now your status as an autonomous adult with full civil rights will be severely compromised.  

Precisely!  The conservatives got their way.

They've gotten almost everything they want because WE HAVE NO POWER.  They've gotten the Supreme Court now -- for decades to come, most likely!

Now we'll have to expend millions of dollars and endless amounts of time in fighting this nominee -- most likely without any hope at all of defeating his nomination.

nobody but political junkies will remember the name of Fitzgerald or Libby.

That's just not true, but never mind about that in this thread.

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."

by susanhu (susanhuatearthlinkdotnet) on Mon Oct 31st, 2005 at 10:25:54 AM EST
[ Parent ]
They've gotten almost everything they want because WE HAVE NO POWER.

Bzzt. Wrong. They've gotten everything they want because Democrats have not stood up against them. They have not organized effective responses to any of these horrific Republican initiatives, and have supported many of them.

You want to win? Insist that Democrats actually follow the party platform. Yes, it's an ideological purity test. I fail to see why you'd vote for someone who didn't pass such a test, or at least, who failed it as horribly as most Democrats.



Kill because somebody was killed. Get killed because he killed. Do you think peace will ever come like that?
by Egarwaen on Mon Oct 31st, 2005 at 01:36:11 PM EST
[ Parent ]
Good luck.

I'm a realist.  And I recall votes on Roberts, on Rice, etc., etc.... and I recall the votes on the credit card and bankruptcy bills ... etc., etc.

in fact, I recall, re the credit card bill, that one of the Democratic senators on the Judiciary Committtee was for the biill, and voted for it because a lot of credit card companies are located in his state of Connecticut.  

Re the Supreme Court, the SINGLE thing I know is that if John Kerry or Al Gore were president, we would not be facing a conservative, anti-choice court for perhaps decades.

And, trust me: I had to hold my nose to vote for them.  But the main reason I did so was to protect court nominations.  

I'd even vote for that senator from Connecticut for president because of the courts.  

But re this nomination?  While we must mount a hearty fight, realistically there's very little chance he won't be confirmed.


Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."

by susanhu (susanhuatearthlinkdotnet) on Mon Oct 31st, 2005 at 02:09:00 PM EST
[ Parent ]
in fact, I recall, re the credit card bill, that one of the Democratic senators on the Judiciary Committtee was for the biill, and voted for it because a lot of credit card companies are located in his state of Connecticut.

So? I'd rank this as a negative, not a plus, since these companies inevitably and invariably support Republicans. Great, he threw them some fresh meat. Now not only does his Republican opponent have a ready-made platform to run on, but he's destroyed the nation-wide platform and gained nothing in the process. BFD.

Re the Supreme Court, the SINGLE thing I know is that if John Kerry or Al Gore were president, we would not be facing a conservative, anti-choice court for perhaps decades.

Look at the party's rush to nominate anti-choice candidates to legislatures, and the DFL/DLC/NDN's increasing influence. Tell me that again with a straight face. I'm more than willing to bet that Kerry would've nominated one just to be "conciliatory".

So tell me... Which side do you think, for example, Casey would vote for this? Answer: for. Given that... Why the hell would any woman in her right mind vote for him? You gain nothing. You lose one vote towards a filibuster. You destroy your party's platform, and chances of electing other candidates. Congratulations! You've thrown your vote away!



Kill because somebody was killed. Get killed because he killed. Do you think peace will ever come like that?
by Egarwaen on Mon Oct 31st, 2005 at 08:15:50 PM EST
[ Parent ]
There's lots to dislike about this man under the theme of "taking rights away from Americans."

I note that Shrub capitulated to his far right wingnut and put up a wingnut hostile to civil rights hours before he's to attend a service for Mrs. Rosa Parks.

Of course, this isn't the first time for this: He laid at wreath on Dr. King's grave, and then directed his Justice department to oppose the Michigan affirmative action case.

Bastard.

Can't hear ya, Peach!

by AP on Mon Oct 31st, 2005 at 09:50:46 AM EST
[ Parent ]
What we really need to do is to concentrate on is getting progressives elected to state legislatures. This is how we can both prevent bad legislation and build the skills and widespread support (by creating strong local support in many locales) we need to put good people into the Congress.

If I had my life to live over, I would do it all again, but this time I would be nastier -- Jeannette Rankin
by AndiF (ferguson1461 at gmail dot com) on Mon Oct 31st, 2005 at 08:25:14 AM EST
[ Parent ]
Reid Statement on the Nomination of Judge Samuel Alito to the U.S. Supreme Court

Washington, D.C. -- Senate Democratic Leader Harry Reid issued the following statement regarding the nomination of Judge Samuel Alito to the United States Supreme Court.

The nomination of Judge Alito requires 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. Now the Senate needs to find out if the man replacing Miers is too radical for the American people.

I am disappointed in this choice for several reasons. First, unlike previous nominations, this one was not the product of consultation with Senate Democrats. Last Friday, Senator Leahy and I wrote to President Bush urging him to work with us to find a consensus nominee. The President has rejected that approach.

Second, this appointment ignores the value of diverse backgrounds and perspectives on the Supreme Court. 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. And he has chosen yet another federal appellate judge to join a court that already has eight justices with that narrow background. President Bush would leave the Supreme Court looking less like America and more like an old boys club.

Justice O'Connor has been the deciding vote in key cases protecting individual rights and freedoms on a narrowly divided Court. The stakes in selecting her replacement are high.

I look forward to meeting Judge Alito and learning why those who want to pack the Court with judicial activists are so much more enthusiastic about him than they were about Harriet Miers.

The 10,000 Things

by Andrew C White (acwhite.nospam.@taconic.net) on Mon Oct 31st, 2005 at 12:57:30 PM EST
[ Parent ]
Sen. Chuck Schumer:
``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,'' said Senator Charles Schumer, a New York Democrat.

Sen. Edward M. Kennedy, D-Mass., pulled no punches. "Rather than selecting a nominee for the good of the nation and the court, President Bush has picked a nominee whom he hopes will stop the massive hemorrhaging of support on his right wing. This is a nomination based on weakness, not on strength."

Our opponent is back against the ropes and this is our best chance to deal them a fatal blow.

Yes, the stakes are high. And yes, we have no guarentees of victory. But now is the time, this is the battle. The President is weak. Frist is a complete political loss. Sen. Harry Reid is running the show in the Senate and this is what the radical right has been waiting for for 30 years and this is where we defeat them and make it clear that they are faaar outside the  mainstream of American thought, belief, and values.

It is time to kick some right wing ass.


The 10,000 Things

by Andrew C White (acwhite.nospam.@taconic.net) on Mon Oct 31st, 2005 at 01:04:44 PM EST
[ Parent ]
IF we can rely on the Dems to unite and fight the nomination. That's a big if, given our experience.

Let's hope they find their spine.

Keith Olbermann speaks for me.

by JanetT in MD on Mon Oct 31st, 2005 at 08:02:21 AM EST
[ Parent ]
That is the question. But I think Reid has been preparing for this and I think he has shown the ability to pick his battles and keep his boys and girls in line when he does. I hope I'm reading this right but I think we're about to see the Fighting Dems bust out.

And we should help by calling all our Senators and insisting that this is the time for the fight. This is the time to block this nomination. No deference to an executive branch that lies and deceives and allows itself to be held hostage to fringe elements.

The 10,000 Things

by Andrew C White (acwhite.nospam.@taconic.net) on Mon Oct 31st, 2005 at 08:09:37 AM EST
[ Parent ]
So the question in my household is-

Will Salazar endorse Alito before or after his morning coffee?

by Tehanu on Mon Oct 31st, 2005 at 08:00:34 AM EST
Colorado voter is all about these days.  If he endorses him I'm done with Salazar!

PMS Purchase More Shoes
by Militarytracy on Mon Oct 31st, 2005 at 08:03:54 AM EST
[ Parent ]
probably before his morning coffee and his daily visit to the throne of defacation to deposit his daily worth of feces.  This is just up his alley, if you ask me.
by BrendaStewart (stormyweather1@hotmail.com) on Mon Oct 31st, 2005 at 08:08:01 AM EST
[ Parent ]
we nominate another white male to the Supreme Court?

Is it possible to spin in your grave before you're in your grave?  Looks like it to the back of the bus again....

Your concepts are like a stake that a donkey can be tethered to for 10 million years ~ Zen saying

by wry twinger (danmc15@hotmail.com) on Mon Oct 31st, 2005 at 08:08:34 AM EST
America blows its own horn.  We claim to be the finest nation in the world when it comes to civil rights.  Funny how the person who kicked the whole thing off has just passed.  Yeah boy, we sure have been all about this civil rights stuff for forever huh?  We are the standard all other nations need to strive for!  Fucking spare me!

PMS Purchase More Shoes
by Militarytracy on Mon Oct 31st, 2005 at 08:11:54 AM EST
[ Parent ]
is such a sentimental nation...we like to relive the 1950's....

Your concepts are like a stake that a donkey can be tethered to for 10 million years ~ Zen saying
by wry twinger (danmc15@hotmail.com) on Mon Oct 31st, 2005 at 08:19:56 AM EST
[ Parent ]
With these assholes--no, 1850s is more like it.

And that's "just" on social policy. I'm sure he's a willing patsy on all things corporate and big bidness.

People had too many rights in the 1950s for them. I swear, if they could get away with slavery again (and in many cases, they already are) they would--only this time, there would be no skin color exception.

Can't hear ya, Peach!

by AP on Mon Oct 31st, 2005 at 09:59:00 AM EST
[ Parent ]
I wonder if the whole point of nominating Miers was to put up a woman who couldn't be nominated so that they could say "see, we nominated a woman and you didn't want her." And the right will be happy, not just because they've got a full-fledged conservative but also because if a white male isn't the nominee, then it's a given that whoever is couldn't be the best qualified -- as if there aren't actually hundreds of people of both genders and every ethnicity who are well qualified and who will never be considered because the ultimate decision is always based on political requirements.

If I had my life to live over, I would do it all again, but this time I would be nastier -- Jeannette Rankin
by AndiF (ferguson1461 at gmail dot com) on Mon Oct 31st, 2005 at 08:18:55 AM EST
[ Parent ]
I wonder if the whole point of nominating Miers was to put up a woman who couldn't be nominated so that they could say "see, we nominated a woman and you didn't want her."

Andi, when affirmative action was forced on companies, this happened.  I witnessed it happen.  In one instance, an oil company chose its first two female sales representatives who both had problems with keeping their jobs, and left in due course.

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."

by susanhu (susanhuatearthlinkdotnet) on Mon Oct 31st, 2005 at 08:27:36 AM EST
[ Parent ]
I worked for municipal agency that did community outreach and enforced the city's civil rights legislation and got this excuse from employers all the time. The assumption was that only white males are really qualified and everybody else isn't so there's no real reason to try to recruit qualified women and minorities. I think the attitude is not as prevalent in most businesses today (and not found at all in many) but it's still very strong in politics.

If I had my life to live over, I would do it all again, but this time I would be nastier -- Jeannette Rankin
by AndiF (ferguson1461 at gmail dot com) on Mon Oct 31st, 2005 at 08:35:30 AM EST
[ Parent ]
...but cat killer brought the bastard to view her casket.

No doubt to make sure she's dead.

Regarding my civil, human and privacy rights? He'll handle the rest.

Can't hear ya, Peach!

by AP on Mon Oct 31st, 2005 at 03:09:22 PM EST
[ Parent ]
want to be forced to have his babies I swear to Jesus I'll shoot the fucking television!

PMS Purchase More Shoes
by Militarytracy on Mon Oct 31st, 2005 at 08:12:53 AM EST
My TV went in the dumpster about 3 months ago...haven't missed it at all...

Your concepts are like a stake that a donkey can be tethered to for 10 million years ~ Zen saying
by wry twinger (danmc15@hotmail.com) on Mon Oct 31st, 2005 at 08:21:17 AM EST
[ Parent ]
I had a feeling that this would happen. A week ago we were all giddy at the prospect of several indictments. The letdown for me has been incredible... one piddling indictment. The press has already forgotten about it. Rove's been thumbing his nose at us ever since. Cheney is still pushing and shoving torture through in the Congress. Now that Karl thinks he got away with everything, he doesn't seem so distracted. Bush is on the tube right now nominating our worst nightmare: Scalia lite. Nothing has changed. I'm so fucking depressed that I couldn't even turn on my computer since Friday.

It just twists my gut to know that Bush merrily continues to destroy our democracy with the full complicity of the Republican party. I feel like all is lost... even if we sweep the 2006 and 2008 elections, what can we accomplish with a rabidly right wing Supreme Court out for blood?

The Democratic leadership is AWOL... they don't even figure into the equation anymore. Maybe if I had one iota of confidence in the Democrats, I would find a reason for hope, but there is none. I am angry and disgusted and very very depressed.
by Nag on Mon Oct 31st, 2005 at 08:24:24 AM EST
It takes a while for rotting garbage to stink.  Only one indictment was a disappointment, but if there is a trial it will force Rove and Cheney to testify and it will shine a light on the slimy, underhanded way they used the press to sell the war.  This can only be a major distraction, and I still think that Fitzgerald is working on a surprise for Rove.  I heard on NPR that Rove was about to be indicted until his lawyer met with Fitzgerald a day or two before the deadline.  Wonder what they worked up and how long it will last.
by Second Nature (denn1214 at gmail) on Mon Oct 31st, 2005 at 08:29:19 AM EST
[ Parent ]
I know all that. It's the prospect of a Supreme Court that's stacked to the rafters with foam at the mouth wingers and a helpless, pathetic, mostly silent Democratic leadership that's making it seem that none of that really matters anymore. If Harry Reid has signaled a fight, great, but many times I have gotten my hopes up that Democrats are finally getting their act together, just to be disappointed again. I'll believe it when I see it.

I'm normally a hopeful person. But nothing seems big and bad enough to bring down the criminal Bush. In the meantime, he's making sure that life in America will be an extremist right wing nightmare for the forseeable future. THAT's what is so incredibly depressing. Even if Fitz brings down Bush single handedly, it will be too late. The Dems seem too weak to stop it, and I think that's why they didn't hesitate one second to nominate the worst piece of conservative shit that they could find... they're betting it all that there won't be a real fight. Now's the time for Harry Reid and the rest of the Dems to grow iron cajones and fight to the death. Not after Fitz does his thing, now. Sadly, I have little hope that it will really happen.
by Nag on Mon Oct 31st, 2005 at 09:26:54 AM EST
[ Parent ]
So since Alito is another white male, I'm sure Bush went for religious diversity, right?  So is he Jewish?  Muslim?  Oh, he must be an athiest.

Whoops.  Athiests don't collect wombs.

(Aside:  So is the plural of uterus "uteri"?)

by Tehanu on Mon Oct 31st, 2005 at 08:27:49 AM EST
NOW is the time to take action folks. It is up to each and every one of us to get busy writing, dialing, faxing, emailing all of our reps and everyone on the judiciary committee. It is up to US to keep BOTH this nomination AND the Treasongate in the forefront. I am not giving up without a fight.
Look, Joe Wilson was on both 60 Minutes AND Dateline last night. This is not over. Rove is not in the clear and the dems are calling on Bush to fire Rove's ass like Bush promised that Anyone in involved in the leak would be removed. Everyone now knows the "Official A" is Rove.
YES, this is horrible news but we must keep on it. Don't forget to call those 7 moderates too. They are the ones that may have the ability to stop a filibuster. Put on the gloves folks. Stand up now!! Are you with me?

Frodo failed...Bush has got the ring.
by alohaleezy on Mon Oct 31st, 2005 at 08:41:18 AM EST
My family was reading over my shoulder yesterday and someone insisted that I click on the absinthe ad, I did and the whole family thinks we need absinthe.  Absinthe could help help today, I could be a creative frothing at the mouth bitch with a womb and a daughter and Buddhist.

PMS Purchase More Shoes
by Militarytracy on Mon Oct 31st, 2005 at 09:17:22 AM EST
[ Parent ]
As tempting as that may be, now is the time to be clear headed...lol! I was sitting on my balcony, watching the sky lighten up and turn all pink, waves crashing on shore, drinking my morning coffee and this thought came to mind. We must fight this nominee with all that we have or the future will be very bleak. So I propose a challenge. ANyone and everyone that is anywhere close to their reps local offices must protest in front of them. Now is the time to be activists in every sense of the word. Writing, calling, faxing will not be enough. We need to put as much pressure on our reps to make it very uncomfortable to even think of giving this nominee a second thought. Are we up to this fight? Are we willing to get arrested? Are we willing to go the whole nine yards? I sure hope so.

Frodo failed...Bush has got the ring.
by alohaleezy on Mon Oct 31st, 2005 at 09:26:17 AM EST
[ Parent ]
I admire your attitude. I agree that this is it... the big moment. I need a little time to catch my breath and try to shake this doom and gloom I'm feeling and start by calling my Senators... Specter and Santorum. (No wonder I feel so lost.)
by Nag on Mon Oct 31st, 2005 at 09:31:52 AM EST
[ Parent ]
I would feel forelorn too if they were my reps. I am fortunate to have Boxer and sometimes Feinstein, who has surprised me lately.

Frodo failed...Bush has got the ring.
by alohaleezy on Mon Oct 31st, 2005 at 09:44:37 AM EST
[ Parent ]
God this is awful as hell though.  It feels like the fight to end almost all fights.

PMS Purchase More Shoes
by Militarytracy on Mon Oct 31st, 2005 at 09:36:32 AM EST
[ Parent ]
You know what Tracy? It is. I know that we can do this. I feel it in my bones, in my heart, in my soul. But I know we cannot do it alone. We must get our friends and family involved. Dialing for personal rights has just begun. Please, we cannot give up and just say oh well. Am I crazy?

Frodo failed...Bush has got the ring.
by alohaleezy on Mon Oct 31st, 2005 at 09:42:55 AM EST
[ Parent ]
are crazy.  Something that came from nothing.....just a bunch of people upset about losing so many marines from Lima Company within the blink of an eye and then one Gold Star mom compelled to go to Crawford, then her being threatened with arrest and KA-BOOM!  

PMS Purchase More Shoes
by Militarytracy on Mon Oct 31st, 2005 at 09:48:40 AM EST
[ Parent ]
Exactly! God I love you Tracy! I know that I am so tired of fighting these bastards on so many fronts but also know that to give up now, for me would be impossible. It just boggles my mind that 45% of Americans still believe the war was the right thing to do.

Frodo failed...Bush has got the ring.
by alohaleezy on Mon Oct 31st, 2005 at 09:57:41 AM EST
[ Parent ]
and the Fundy Witches yesterday were talking about manifesting stuff, perhaps they could manifest something good that could put this evil down!  I mean I'm so upset I'm ready to try anything.  I'm afraid though that in the witchcraft department the best I could do is run through the woods here in the neighborhood naked and that would only manifest the police.

PMS Purchase More Shoes
by Militarytracy on Mon Oct 31st, 2005 at 09:58:15 AM EST
[ Parent ]
Tracy, I also clicked on the absinthe ad... a friend of a friend is into it and I was curious. Jeeze, did you see the prices? I feel guilty buying myself a bottle of Chivas once a year... it would cost 8 times as much for one bottle of cheaper absinthe!!! I would try it, though. Right now. I'm not very clear headed anyway, might just as well soak it in absinthe.
by Nag on Mon Oct 31st, 2005 at 09:38:17 AM EST
[ Parent ]
if they wouldn't rather try cocaine instead LOL?

PMS Purchase More Shoes
by Militarytracy on Mon Oct 31st, 2005 at 09:50:31 AM EST
[ Parent ]
It's time to put up or shut up.

No more whining about "it's my party, too." The moderates didn't screw Shrub, the wingnuts did. Sorry for the vulgarity, but Shrub's their bitch and they know it. They brag about it.

So what are they gonna do?

They know these people are a bunch of dictatorial theocrats hell bent on bringing their special brand of Taliban-like rule to fruition.

The privileged class thinks they can buy their way out of the Taliban hell these people will bring. They need to quit dreaming.


Can't hear ya, Peach!

by AP on Mon Oct 31st, 2005 at 10:19:24 AM EST
[ Parent ]

I expect a "difficult" confirmation battle, with many "heated" debates (and startling questions from the Democratic side of the room like "Why isn't your tie white?"), followed by another "non-ideological" 50/50 split of the Democrats' votes.



Kill because somebody was killed. Get killed because he killed. Do you think peace will ever come like that?
by Egarwaen on Mon Oct 31st, 2005 at 08:49:15 AM EST
Here is the other thing about Alito, the Radiccal Right will be sell him as a Hispanic. Another of Rovian play on this.

On law.com's profile on Judge Alito, it reported how a conservative web site label Alito a Hispanic.

On the Internet site RightWingNews.com, an entry earlier this year used the nickname, but made the mistake of describing Alito as "Hispanic."

He's not; he's Italian.

The site said either Alito or 5th Circuit Judge Emilio Garza "could be the first Hispanic judge ever appointed" to the Supreme Court, and that "if either were confirmed it would lessen Bush's motivation to appoint [Attorney General Alberto] Gonzales."

The site went on to comment that "either Alito or Garza would be a great addition to the Supreme Court, but they're both down a notch from Luttig, [now Chief Justice John] Roberts and Owen because they're a little older and an extra five to eight years for a conservative justice on the Supreme Court is no small thing."


That scares me a lot. If propaganda is still there, it could create a problem in the upcomming election if the RR is able to pass him off as a Hispanic.
by XicanoPwr (chicanopwr at gmail.com) on Mon Oct 31st, 2005 at 08:57:19 AM EST
Great catch.

Frodo failed...Bush has got the ring.
by alohaleezy on Mon Oct 31st, 2005 at 08:59:47 AM EST
[ Parent ]
Didn't Bush this morning mention his Italian immigrant father (grandfather? I can't remember) being proud?

Doesn't information itself have a liberal bias? Steven Colbert
by NLinStPaul on Mon Oct 31st, 2005 at 09:25:50 AM EST
[ Parent ]
Yeah, he did and the MSM are mentioning it too, which is a good thing. There are two things to consider: 1) This is day one, with Plamgate going on, that is two fronts we have to fight, so this is like a divide and conquer tactic; and 2) A large majority of the Hispanic population are not connected to the internet, so it is easier to pass their propaganda. For example, I live in Houston, TX and work in a large Hispanic neighborhood, a week after all the evacuees were here, the Hispanic community were all spewing out what the crap the MSM reported about the evacuees really never wanting to leave before Katrina hit and all that crap. I had to educate them about the fake reporting that was happening. As long as we are able to keep an eye, we should be fine.
by XicanoPwr (chicanopwr at gmail.com) on Mon Oct 31st, 2005 at 09:42:04 AM EST
[ Parent ]
The nomination of Judge Alito requires 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.  Now the Senate needs to find out if the man replacing Miers is too radical for the American people.

"I am disappointed in this choice for several reasons. First, unlike previous nominations, this one was not the product of consultation with Senate Democrats.  Last Friday, Senator Leahy and I wrote to President Bush urging him to work with us to find a consensus nominee. The President has rejected that approach.

"Second, this appointment ignores the value of diverse backgrounds and perspectives on the Supreme Court.  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.  And he has chosen yet another federal appellate judge to join a court that already has eight justices with that narrow background.  President Bush would leave the Supreme Court looking less like America and more like an old boys club.    

"Justice O'Connor has been the deciding vote in key cases protecting individual rights and freedoms on a narrowly divided Court. The stakes in selecting her replacement are high.

"I look forward to meeting Judge Alito and learning why those who want to pack the Court with judicial activists are so much more enthusiastic about him than they were about Harriet Miers."

*******************

I'm too groggy to have the brain working but this seems to indicate Sen. Reid is planning to fight.

I hope.

Och nu den svenska kocken bakar en Alaskan älg jägare. Bork! Bork! Bork!

by ATinNM on Mon Oct 31st, 2005 at 09:46:48 AM EST
Do you ever remember being a kid and having adults talk about you while you were there in the room?  

Why is it that not one elected official- or judge candidate- has ever gotten up and spoken directly to women on reproductive rights?  They talk around the issue, write about the issue, preach on the issue but they never talk right to us.

It's like we don't exist, or we're children.

I want to see a Democrat look into the camera and talk directly to the women of America.

by Tehanu on Mon Oct 31st, 2005 at 09:55:11 AM EST

Do you want to defeat this nominee?

Find some dirt on him.  Dig hard.  Get ahold of Lexis/Nexus and search way back.

Ranting to senators won't cut it.  He'll be confirmed unless there's news about him.

One thing we have going for us: The Bush administration is notoriously bad at vetting its nominees.

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."

by susanhu (susanhuatearthlinkdotnet) on Mon Oct 31st, 2005 at 10:46:32 AM EST
The American Center for Law and Justice - a Winger Law Blog - has an analysis up (in pdf format) found:

here

I am not qualified to speak on the legal matters but I want to note in the cases cited Alito has been well in the right of the political spectrum.

Och nu den svenska kocken bakar en Alaskan älg jägare. Bork! Bork! Bork!

by ATinNM on Mon Oct 31st, 2005 at 11:05:39 AM EST
[ Parent ]
Good starting Resource:

here

Och nu den svenska kocken bakar en Alaskan älg jägare. Bork! Bork! Bork!

by ATinNM on Mon Oct 31st, 2005 at 10:55:12 AM EST
[ Parent ]
Not something I wanted to read while sipping my first cup of coffee.

This nominee must be stopped.  

Och nu den svenska kocken bakar en Alaskan älg jägare. Bork! Bork! Bork!

by ATinNM on Mon Oct 31st, 2005 at 09:26:59 AM EST
Members of the Senate Judiciary Committe:

Republican:

Arlen Specter, CHAIRMAN, PENNSYLVANIA
Orrin G. Hatch, UTAH
Charles E. Grassley, IOWA
Jon Kyl, ARIZONA
Mike DeWine, OHIO
Jeff Sessions, ALABAMA
Lindsey Graham, SOUTH CAROLINA
John Cornyn, TEXAS
Sam Brownback, KANSAS
Tom Coburn, OKLAHOMA

*Democrats
Patrick J. Leahy, RANKING DEMOCRATIC MEMBER, VERMONT
Edward M. Kennedy, MASSACHUSETTS
Joseph R. Biden, Jr., DELAWARE
Herbert Kohl, WISCONSIN
Dianne Feinstein, CALIFORNIA
Russell D. Feingold,WISCONSIN
Charles E. Schumerm, NEW YORK
Richard J. Durbin, ILLINOIS

To get out of committe all of the GOP members must vote yes.  I am going to assume the Democrats will vote no.

Grassley, Kye, and DeWine are the 3 members who have the potential for voting no - IMHO.  Kye and DeWine are up for re-election in 2006 and their vote will depend on their electoral calculations.  Bush has just thrown them into the fire.  If they vote no then they can forget wing-nut support during the primary and, most likely, the general elections.  If they vote yes they can forget some percentage of Moderate GOP, libertarian, and Independent support.

The GOP conservative wing are the margin of victory but they do not provide enough support if the last three voting blocks either stay home or vote for the Democratic challenger.  

If Bush looses this nomination he is the lamest of lame ducks.  He will loose Conservative supporters and limp along for the next 3 years with the serious danger of members of the administration being picked-off, one by one, from the Fitzgerald investigation.

This is it.  IT'S CRUNCH TIME!  

Bush has two needles to thread.  One is the Judiciary Committee, and it's highly possible to get it through as Grassley, Kye, and DeWine can cover their butts with the 'Deserves an Up/Down Vote' meme.  

The second is the Senate as a whole ... and that is a whole 'nudder topic.

Och nu den svenska kocken bakar en Alaskan älg jägare. Bork! Bork! Bork!

by ATinNM on Mon Oct 31st, 2005 at 10:40:46 AM EST
Kyl will vote Yes on the nomination--almost guaranteed.  He's already taking many steps to position himself to the right of McCain in Az.  I'll contact him, because he is my Senator, but I'm afraid I'll be met with a closed ear.

:(

We are condemned to kill time, thus we die bit by bit - Octavio Paz / Latino Político

by Man Eegee (man.eegee at gmail dot com) on Mon Oct 31st, 2005 at 11:43:04 AM EST
[ Parent ]
counting on the Democrats.  There will be pontificating and some full throated ''God loves the sparrow" from Teddy et al. and then sorrowful capitulation.  At best it is a 75/25 senate. At worst 97/3 (the earlier vote for ANWR)  Bush gets what he needs.  AND is in  power.

Roberts vote was 78/22.  I would guess Alito gets at least the 7 on the disgusting Gang of 14 and then some.  Maybe 12 Dems minimum.  Maybe 18

LOL meanwhile hapless Democrats will read of the ''Fighting Dems'', all set to run for COngress.

Sad day, took years of losing and being losers to get here.  Democrats are used to losing.  They set themselves up over and over.

Bah.

by Marisacat (Marisacat@aol.com) on Mon Oct 31st, 2005 at 01:16:25 PM EST
Yup. Unless he's photographed tonight sucking blood at a vampire party, he's on the Supreme Court.

Hickok: "You know the sound of thunder. Can you imagine that sound if I ask you to? Ma'am, listen to the thunder."
by susanhu (susanhuatearthlinkdotnet) on Mon Oct 31st, 2005 at 02:02:52 PM EST
[ Parent ]


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