Thursday, January 12, 2006

Just until he starts using baseball analogies

Anyone else remember that Chief Justice John G. Roberts famously sprinkled his answers with baseball analogies? I say that the dems extend the hearings and/or the debate on Judge Alito until he resorts to baseball analogies of his own. From an E.J. Dionne column:

Alito, an ardent baseball fan, established himself as the Babe Ruth of evasion.

The headlines went to the abortion issue. Alito was pressed about his statement in a 1985 job application letter to the Reagan administration that "the Constitution does not protect a right to an abortion." It is a reasonable view shared by millions of Americans. Republican Sens. Sam Brownback (Kan.) and Tom Coburn (Okla.) were refreshingly open in their denunciations of Roe v. Wade .

But Alito would neither embrace nor back away from what he had said. He did allow that "there is a general presumption that decisions of the court will not be overruled." Well, yeah.

When Sen. Dianne Feinstein (D-Calif.) asked Alito if the issue was "well-settled in court," he offered the celebrated formulation: "I think that depends on what one means by the term 'well-settled.' " The standard dodge is that nominees can't answer questions bearing on cases they might later have to decide. But Democrats Feinstein, Richard J. Durbin (Ill.) and Charles E. Schumer (N.Y.) all noted that Alito was perfectly happy to speak expansively on some questions he would face, notably reapportionment.


But what I love most about E.J. Dionne's column is:

My biggest worries about Alito are how he would rule on presidential power, workers' rights, civil rights and regulatory issues. Cass Sunstein, a University of Chicago law professor, has noted that Alito follows the law when it's clear, but he almost always tilts toward his conservative predilections when the law is less settled.

Democrats seem to be wary of mounting a filibuster. What they should insist upon, to use a euphemism Alito might appreciate, is an extended debate in which his evasions will be made perfectly clear to the public. If moderate senators want to vote for a justice highly likely to move the Supreme Court to the right, they can. But their electorates should know that's exactly what they're doing.


Very clever- "an extended debate"

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