The Alito Hearings

[Brown]

The Senate Judiciary Committee opened confirmation hearings on Monday on the nomination of Samuel Alito to the United States Supreme Court.

As of this writing, actual questioning of Judge Alito has not commenced. Instead, the senators on the Committee have been making their pre-questioning statements.

One would have hoped that the senators would be more dignified in the current proceedings than they were in the hearings for now-Chief Justice John Roberts. One could be inclined to cut the senators a bit of slack in the Roberts proceedings, as the senators: (1) had not grilled a Supreme Court nominee and were out of practice; (2) had a lot to get off their chests. One would hope that the current proceedings would be more professional, more businesslike, more dignified.

My impression is that the degree of dignity I'd hoped for is not going to be present. The hearings are shaping up to be an exceptionally partisan matter.

 

[punchdrunk]

I predict the Democrats are not going to back down from this nominee, and will attempt a filibuster. The Republicans will change Senate Rule 22 so that only a simple majority is needed to change Senate rules, and then change the filibuster rule so only a simple majority is needed for cloture on judicial nominees. At that point, Democrats may shut down Senate business by not agreeing to unanimous consents. My predictions....

The two parts of an article by Vikram David Amar of Findlaw about the issue of filibusters, Rule 22, and constitutionality:
http://writ.news.findlaw.com/amar/20030613.html
http://writ.news.findlaw.com/amar/20030627.html

 

[Melendwyr]

If it only takes a majority to change the rules, then the rules become nothing more than the whim of the majority. What are they there for, then?

 

[gnome]

My prediction is that the democrats will lose their spine and this guy will be confirmed.

 

[Mark]

My prediction is that the democrats will lose their spine and this guy will be confirmed.

What spine?

 

[bob_kark]

If it only takes a majority to change the rules, then the rules become nothing more than the whim of the majority. What are they there for, then?

Well, this wouldn't be the first time they attacked the filibuster. The Republican party can be a bit short sighted. Do you remember all the hoopla about term limits back in the 90's when they were the minority? I thought it was a great idea at the time, still do. However, no one has heard a peep about it since they regained control.

 

[Regnad Kcin]

...The Republican party can be a bit short sighted. Do you remember all the hoopla about term limits back in the 90's when they were the minority? I thought it was a great idea at the time, still do. However, no one has heard a peep about it since they regained control.

Kinda like there hasn't been a terrorist threat warning in the months since the presidential election of 2004, while there were numerous warnings prior?

But back on topic: Alito's confirmation is assured. Everthing leading up to it is simply proceedure.

 

[Ducky]

My prediction is that the democrats will lose their spine and this guy will be confirmed.

Just to be clear: While I did lose my spine, I had it infused with stronger material. This means I have longer resolve and titanium electro-goodness. The evidence is in my avatar.

Upon waking in the hospital, I had to then forfeit my Democratic Party Membershit.




















(not a mistype. Oh and I think republicans are poopy-heads too. In fact, to quote Lewis Black "...and by congress I mean democrats and republicans working together. And the only thing dumber than a republican or a democrat is when these pricks work together.")

 

[bob_kark]

Just to be clear: While I did lose my spine, I had it infused with stronger material. This means I have longer resolve and titanium electro-goodness. The evidence is in my avatar.

Upon waking in the hospital, I had to then forfeit my Democratic Party Membershit.

(not a mistype. Oh and I think republicans are poopy-heads too. In fact, to quote Lewis Black "...and by congress I mean democrats and republicans working together. And the only thing dumber than a republican or a democrat is when these pricks work together.")

Ha! I guess that makes you an Ubercrat. Now if only that could have happened to Al Gore...

BTW, good to hear you're holding steady Fowlsound. I hope things continue to go well for you.

 

[Ducky]

Ha! I guess that makes you an Ubercrat. Now if only that could have happened to Al Gore...

BTW, good to hear you're holding steady Fowlsound. I hope things continue to go well for you.

Thank you, sir!

Will you be at TAM? I plan on doing a softshoe to show off the miracle of new spines...

 

[Brown]

Transcripts of today's proceedings are available from the New York Times web site, and perhaps other web sites as well.

The opening statements of the sentators make for some interesting reading. Some of the statements are quite good. Others stink of slogans, talking points and stunning ignorance about the nature of the judicial branch.

The good statements came from senators of both parties. The bad ones came from senators of both parties, too.

Some senators basically came out and said that, no matter what, Alito already had their vote in his pocket. (Read Senator Grassley's statement, for example, and ask yourself whether this isn't precisely the message being conveyed.) Other senators basically said that, no matter what, they weren't going to vote for the guy. (Read Senator Biden's statement--he spoke right after Grassley--and ask yourself whether he isn't setting standards for Judge Alito that would be impossible to meet.)

And for sheer entertainment value, read Senator Cornyn's grandstanding speech. An excerpt:

Why, with so many people from both sides of the aisle and across the ideological spectrum supporting your nomination are liberal special interest groups and their allies devoting so much time and so much money to defeat your nomination? The answer, I'm afraid, is that there are a number of groups who really don't want a fair-minded judge who has an openness to both sides of the argument. Rather, they want judges who will impose their liberal agenda on the American people; views so liberal that they cannot prevail at the ballot box. So they want judges who will find traditional marriage limited to one man and one woman unconstitutional. They want judges who will ban any religious expression from the public square. They even want judges who will prohibit school children from reciting the Pledge of Allegiance. As I say, none of these are mainstream positions embraced by the American people, so the strategy is to try to impose their agenda through unelected judges. Judge Alito, the reason why these groups are trying to defeat your nomination because you won't support their liberal agenda is precisely why I support it. I want judges on the Supreme Court who will not use that position to impose their personal policy preferences or political agenda on the American people.
...
Most people in America don't believe that God is a dirty word, but the sad fact is that some Americans are left to wonder whether the Supreme Court might have greater regard for it if it was.

It's no surprise that abortion and issues related thereto (such as privacy) were prominent features of many senators' speeches. The battle lines are being drawn.

Judge Alito gave a brief opening statement. It was, on the whole, a pretty darn good statement. It set a stage for anticipated responses to some questions from the Committee, but gave few clues as to Judge Alito's strategy for handling the tough questions that would come his way, starting tomorrow.

 

[bob_kark]

Thank you, sir!

Will you be at TAM? I plan on doing a softshoe to show off the miracle of new spines...

While that IS a difficult offer to refuse, I'm afraid I won't be able to make it. My life, as boring as it can be, still manages to be too hectic. I will be waiting at seats end for details however.

 

[LordoftheLeftHand]

If it only takes a majority to change the rules, then the rules become nothing more than the whim of the majority. What are they there for, then?

It takes a 2/3rds majority to change the rules (67 out of 100). It only takes 60 votes for closure (stop a filibuster).

LLH

 

[Luke T.]

I chose not to listen to the speeches today. Don't want to tire myself out before the real debate begins.

Since Alito has a much longer judicial record than Roberts, I expect the opposition has a lot more dry powder on hand.

There will be fireworks.

 

[Melendwyr]

It takes a 2/3rds majority to change the rules (67 out of 100). It only takes 60 votes for closure (stop a filibuster).

Yes, but I'm concerned that the rules will be changed anyway. Why would they be changed? I don't think there's a rational answer to that.

 

[corplinx]

Summary of Day 1:
F***ing B******t

Your tax dollars at work, an entire day wasted to grandstanding and shilling. They actually got Alito sworn in at the end.

 

[Ducky]

Summary of Day 1:
F***ing B******t

Your tax dollars at work, an entire day wasted to grandstanding and shilling. They actually got Alito sworn in at the end.

Yeah screw Alito. Someone should have nominated Judge Ito.


(this whole thing tastes like crap to me.)

 

[bob_kark]

Yeah screw Alito. Someone should have nominated Judge Ito.


(this whole thing tastes like crap to me.)

Damn, I thought it was Judge Al Ito this whole time! I wonder if GW made the same mistake...

 

[Bikewer]

I listened to almost all of the last one, till I got disgusted with senators using their time to make speeches about whatever "issue" they were interested in . Some scarcely asked any questions.

 

[Luke T.]

I listened to almost all of the last one, till I got disgusted with senators using their time to make speeches about whatever "issue" they were interested in . Some scarcely asked any questions.

This is why I skipped listening to the first day.

The hearings have just started the second day, and right out of the gate, they are questiong Alito about Roe v. Wade, and the obligatory probe on his thoughts about stare decisis.