Is there any more pressing reason why the democrats should filibuster Alito win or lose?

Green Grass and High Tides Forever

Here are the actual opinions for the Oregon case:

• The majority opinion, authored by Kennedy and joined by O'Connor, Stevens, Ginsburg, Souter and Breyer.

• Scalia's dissent, joined by Roberts and Thomas.

• A separate dissent by Thomas.

Susan, thanks so much for posting this. And you are COMPLETELY on the money with this: this is the reason why we have to fight Alito even if he's forced on us. Roberts, Scalia & Thomas are a block that we must fight down.

I'm nicely surprised that the SC upheld Oregon law and not a bit surprised that Roberts was one of the dissenters.  I would say that's certainly proof that he believes a person has no right or say over what happens to their own bodies/privacy issues...unless of course it's his/government/fundie groups who believe they do have the right to tell everyone else what to do with their bodies.  Big Brother knows better.

'Poverty is the worst form of violence'--Gandhi

Since this is an open thread, I'll repost this comment from the Cafe, begging your pardons!

I'm just back from a local meeting with Howard Dean who was, as always, wonderful in his Neverending Battle For Truth, Justice, and the American Way.

He's promoting Democracy Bonds. . .at an average of $20 per month, 1 million people could raise $20 million a month to defeat the Repubs. He says the Repubs would never be able to match that kind of people power.

He talked some about successes they're having at the state and local levels.

The new buzzword when talking about Republicans seems to be "immoral." I should have counted how many times he used it.

Our local Dem Congressman on the Missouri side, Emmanuel Cleaver introduced him. Cleaver talked a bit about discouragement, saying. . ."it's the only thing the Devil can sell to Democrats." I had a chance to speak alone to Cleaver and I told him how terribly discouraged a lot of long-time activists have been this week, and that the only thing holding some of them onto any kind of hope at all is the work at the local level that Dean promised and is starting to deliver.

Katiebird will probably have more to say. One of her sisters, Julie, was the national event co-ordinator.

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that's a bad sign.  A very bad sign.

the GOP and the rightwing were all about "states rights"? They pretended to be for "freedom" and "individual liberty". Now they're fighting for unchecked federal/executive power in right-to-die, education, abortion, electoral law, and gods know what all else.

So have they totally reversed their fundamental ideology? Looks that way. But not really. Their former devotion to states rights was all about the "right" to segregate and oppress black people. Simple as that. They've given up on overt racial oppression for now, opting instead to wage that battle more subtly through permanent war and economic triage.

What really matters to them now is what always mattered: use government to oppress the most vulnerable, by whatever means. It doesn't matter which unit of government does the oppressing, as long as the impunity of the ruling class strengthens to medieval levels and beyond.

Their special agent Roberts has shown his true colors. Alito will soon do the same if he is not stopped. One day soon we're gonna have to face up to the reality that we now live under a military/corporate autocracy. If we don't wake up, we'll find ourselves subjects of a permanent fascist revolution.

FDR's response to progressive demands: "I agree. Now go out and make me do it."

I voted "other"...

It should be a private matter between a physician and their patient. The state and federal "legislators and Judiciaries" have no business sticking their nose in people's private affairs.

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Susan,

Thanks for posting this. I concur that ALL our energies must be centered on defeating Alito. Not really surprised by Roberts. Most sociopaths ARE smooth and charming (descriptions used of him by Dems during his confirmation process).

I spent the weekend researching the whole "Unitary Executive" thing. Here are a few things I came up with.

1. The doctrine of the "unitary executive" (originally called Fuhrerprinzip) that is promoted by Alito, is a carbon copy of the doctrine of law devised by then Germany's Chief Jurist Carl Schmitt to justify the Hitler dictatorship in 1933. It was also used to justify the Francisco Franco Dictatorship in Spain.  Jurist Jaime Guzman, Schmitt's student protege, used it to defend the Pinochet dictatorship in 1973!  Guzman, further argued that the government had to use violence to impose order. In plain English it is a doctrine justifying Fascist Dictatorships, and used as the "legal reasoning" for torture!

2. The dogma of the "unitary executive," forms the core dogma of the ultra-rightwing Federalist Society. Roberts, Scalia, Thomas and Altio are all members of the Federalist Society.

In November 2000, Alito delivered a speech before the Federalist Society convention in Washington, D.C. In this speech Alto declared"

The Constitution makes the President the head of the Executive Branch, but it does more than that. The President has not just some executive powers, but the executive power--the whole thing. I thought then (working in 1980 as US DoJ Legal Counsel) and I still think, that this theory best captures the meaning of the Constitution's text and structure.

Alito's added, that in his view, the Framers saw the unitary executive as necessary to balance the huge power of the legislature and the factions that may gain control of it

3. Altio is full of SH#$T!!! Federalist Paper # 47 describes that there are to be three distinct and CO-EQUAL Branches of government - Executive, Legislative and Judicial. Further Article I of the constitution gives congress the most government power, and article II delineates the Presidents power, which is at all times contingent upon approval by Congress.

Further, Federalist Papers 62 and 63 lay out exactly why the Senate is to be a STRONG body and what the expectations and Functions are.

4. In additon to lying us into war, torture, abominable treatment of troops, continuous pathological and serial lying about everything, Bush has also seriously co-opted our Democracy by the use of Executive Orders and Signing statements. Bush has signed signed 298 Executive orders, more than any other President. The next closest was his father, Bush I with 178 and then Reagan with 116. Democratic Presidents, and those before Reagan never exceeded 78. Bush is running the country by FIAT!!

Signing Statements were originally intended to clarify that the President understood legislation as intended and written by congress or to protect accepted Presidential prerogatives. That changed in the 80's with Alito. Alito was the author of the tactic of Bush trying to spin acts of Congress with "signing statements" in hopes that some future Supreme Court (including now guess who) would give them weight over the will of the people. From President Monroe's administration (1817-25) through Clinton's, the total number of signing statements ever issued, by all presidents, rose to a total 322. President Bush issued at least 435 signing statements in his first term  alone (2001-2004). In these statements, and in his executive orders, Bush used the term "unitary executive" 95 times.

All other concerns, FISA, woman's rights, civil liberties, FMLA etc., become moot in light of this FASCIST "Unitary Executive" theory. At a "town hall" meeting with Jack Murtha, on January 5th, congressman Moran lectured (start clip at about 1:35 into it, after Jack Murtha left) that Congress WILL NOT become OUTRAGED, until their constituents let them know how outraged they feel.

Please contact your congressional representatives let them definitely know how very, very dangerous the doctrine of "Unitary Executive" is. And, following up on Gore's speech Monday, let Congress know, in no uncertain terms that, irregardless of their political party, a YES vote on Alito means:

1. Violation of their sworn oath to protect and uphold the constitution from all enemies without and within
   
2. An unambiguous vote for a dictatorship over our democracy
   
3. And unequivocally puts them in treason to the Government defined by Constitution and the people of the United States.

For Congress people arguing that is a "viewpoint", let them know that is as ludicrous as trying to refute the fact that water is wet!

"The most successful politician is he who says what the people are thinking the most often and in the loudest voice." Theodore Roosevelt.

I think this "right to die" issue could have the potential of being a "wedge" issue that the Democrats could use. My parents are the most fanatical of right wing fundamentalists. But they have seen my mom's parents and several of their friends die in a way that they needed this option. My grandmother took an overdose at one point not long before she died. I think this is why the Repugs miscalculated on the Schaivo case - they didn't know that this issue is a little too close to home for a lot of people. My parents don't know anyone who needed an abortion (or at least not anyone who would talk about it), but they've known several people who needed the right to die. There's nothing like knowing someone who actually struggles with an issue to change minds.

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