ALITO VS. THE EXTREMISTS
NEW YORK POST
Editorial
January 9, 2006
The Senate begins hearings today on the nomination of Judge Samuel A. Alito — President Bush's choice to replace Justice Sandra Day O'Connor on the United States Supreme Court.
Americans should welcome the opportunity to learn about Judge Alito's judicial reasoning and philosophy; this is, after all, a lifetime appointment.
Barring the unforeseen, of course, it is our view that this long-serving Third Circuit Court of Appeals jurist should — and will — be approved by the Judiciary Committee questioning him today.
Of course, Senate Democrats will do as much as possible to obfuscate and delay the inevitable.
Last week they announced that they would delay the committee's final vote — meaning that the full Senate most likely won't get a chance to vote on the nomination until month's end.
Democrats have also yet to foreswear the possibility of filibustering Alito.
New York's Chuck Schumer — who will act as the Democrats' lead "prosecutor" — suggested that Alito's answers could be disqualifying:
<<< "If he is out of the mainstream and will use his tremendously powerful position as Supreme Court judge to impose his views on the American people, then there's a potential for a filibuster," said Schumer. "And no one really knows that until the hearings." >>>
True enough.
A filibuster would blow up the so-called "Gang of 14" bipartisan agreement against such actions, possibly triggering the "nuclear option" — a Senate vote permanently ending judicial filibusters.
If that happens, it will solely be because Democrats and their allies in the liberal activist community will have resorted to desperation to block Alito.
The American Bar Association unanimously gave Judge Alito its highest possible rating — "well-qualified" — in assessing his high-court bona fides. If the ABA — a liberal organization with its own agenda — couldn't find anything disqualifying in a 15-year record, then there isn't anything to find.
So, what options do Democrats have?
Well, character assassination.
Thus, a coalition of groups is running ads questioning Alito's ethics.
This, even though his integrity has never previously been challenged — save from a litigant who ended up on the wrong end of a decision. And after Alito recused himself from that case, a new judicial panel backed up Alito's original decision.
Senate Democrats — particularly Sen. Edward Kennedy — also started hurling "anti-black" and "anti-woman" epithets because of Alito's membership in a Princeton alumni group.
It is "borking" all over again.
It should not and must not succeed.
President Bush has produced a nominee as he promised — in the tradition of Antonin Scalia and Clarence Thomas.
In the hearings today, the American people seem certain to meet a wise, conservative and mainstream judge.
They will see a distinguished jurist with more judicial experience than any high court nominee in 70 years.
A good-faith confirmation process likely would confirm him in a trice. But with the likes of Kennedy, Schumer & Co. in the opposition, good faith can never be assumed.
What a pity.
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