Alito: 10 - 8, & Counting
Alito will be passed out of the Judiciary Committee on a party line vote. Republicans, in shaming the Democrats, are saying this is a bad precedent. In fact it is a good precedent, Republicans are finally voting politics, just like the Democrats, who said (from Fox) that "...they had no intention of voting for the 3rd Circuit Court judge, whom they described repeatedly as beholden to presidential power and against abortion rights."
The Supreme Court is a legislative body. The party in power has no choice but to put in its people. It would be better if the Court were a court but it's not. To the victor goes the spoils, we need our own hacks.
Alito is not a hack, he's a jurist with a limited view of the courts proper power. This is called "judicial restraint". I like it, but the only real restraint we need is a congress and an executive that ignores the court. Properly, the court is a final arbiter of a specific case judged on the narrowest of grounds with the least possible penumbra of emanation of precedent. The only reason we need a Supreme Court is because we need a last court. A case has to stop somewhere, but then that should be that. --It's true precedent happens, but it should be rare and limited and safe. The very idea that we discuss precedent as though it's some grand pronouncement turns my stomach. To my idea it's a violation of the very concept of democratic government.
However, we do have a supreme court with grand power, so you do the best you can by trying to confirm justices who personally have a more proper concept of their limited role. Alito seems as good as you're gong to get, so: Will the Democrats let this go through without a filibuster?
Presently the idea is a non-filibuster filibuster. They'll talk and talk and talk. The idea is to smear Alito, see if they can get public support, and watch to see if any Republicans quake. If they see a shiver they'll do a filibuster and they'll expect to win. So...
Bush will continue to make public pronouncements on one thing or another. This will draw all the demon-hate to himself and keep it off Alito. That in itself may get him confirmed, Alito will not be successfully demonized, the Democrats will not muster public support.
But if somehow there is a filibuster, possibly just because the Democrats are so desperate...? Always there's the question of Republican guts: Do they have any? One thing I do know. If there is a filibuster and Frist doesn't immediately pull the nuclear trigger the base will be enraged. And the base, having some feelings on this matter, and having already gotten rid of Harriet, now very will knows its power. It's this new power of rage that may give the Senate Republicans their own taste for a fight...and this might make my fear of a filibuster just silliness on my part.
Note: That Democrats intend to use Alito's decisions as a political issue underscores their sense of the Court as a political institution; it also indicates their present sense of weakness regarding the possibility of a successful filibuster.
The Supreme Court is a legislative body. The party in power has no choice but to put in its people. It would be better if the Court were a court but it's not. To the victor goes the spoils, we need our own hacks.
Alito is not a hack, he's a jurist with a limited view of the courts proper power. This is called "judicial restraint". I like it, but the only real restraint we need is a congress and an executive that ignores the court. Properly, the court is a final arbiter of a specific case judged on the narrowest of grounds with the least possible penumbra of emanation of precedent. The only reason we need a Supreme Court is because we need a last court. A case has to stop somewhere, but then that should be that. --It's true precedent happens, but it should be rare and limited and safe. The very idea that we discuss precedent as though it's some grand pronouncement turns my stomach. To my idea it's a violation of the very concept of democratic government.
However, we do have a supreme court with grand power, so you do the best you can by trying to confirm justices who personally have a more proper concept of their limited role. Alito seems as good as you're gong to get, so: Will the Democrats let this go through without a filibuster?
Presently the idea is a non-filibuster filibuster. They'll talk and talk and talk. The idea is to smear Alito, see if they can get public support, and watch to see if any Republicans quake. If they see a shiver they'll do a filibuster and they'll expect to win. So...
Bush will continue to make public pronouncements on one thing or another. This will draw all the demon-hate to himself and keep it off Alito. That in itself may get him confirmed, Alito will not be successfully demonized, the Democrats will not muster public support.
But if somehow there is a filibuster, possibly just because the Democrats are so desperate...? Always there's the question of Republican guts: Do they have any? One thing I do know. If there is a filibuster and Frist doesn't immediately pull the nuclear trigger the base will be enraged. And the base, having some feelings on this matter, and having already gotten rid of Harriet, now very will knows its power. It's this new power of rage that may give the Senate Republicans their own taste for a fight...and this might make my fear of a filibuster just silliness on my part.
Note: That Democrats intend to use Alito's decisions as a political issue underscores their sense of the Court as a political institution; it also indicates their present sense of weakness regarding the possibility of a successful filibuster.
posted by mouse at 1:26 PM
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