Alito "likely" to be confirmed.

UPDATE II 11:30am: This Opinion Journal article is a MUST read.

Thanks in large part to a half-century of judicial decisions based on no consistent standard, constitutional law today is a dense and tangled thicket understood only by practicing specialists like Samuel Alito. No surprise, then, that when a Sen. Durbin or Feinstein recited a staff-written question on some point of law and got a careful parsing back from Judge Alito on Bray or Rybar or stare decisis, their follow-up was generally of a piece with Sen. Feinstein's after discussing the machine-gun case: "That's a difficult extrapolation for me to understand, but it's not dispositive." Joe Biden shrewdly avoided this trap by using his time for magical mystery tours through his own life.

The left-wing opposition groups are reported to be frustrated that their standard-bearers are "letting Alito off the hook." What hook? Neither Sam Alito nor John Roberts remotely represents Ted Kennedy's famous "Robert Bork's America" speech. Reasonable people can disagree on the views of these conservative jurists, but first we need reasonable people.

(emphasis mine)

UPDATE 10:47am: What utter slimeballs...


Interesting article from the Washington Post this morning regarding the Dem's "strategy" to block Alito's nomination. Because, as we know, they've been ever so successful so far.

A few things jumped out at me while I was reading it:

Democrats on the Senate Judiciary Committee made a final stab at challenging Alito on presidential powers, the death penalty and other matters. But their efforts sometimes seemed halfhearted, and even the most liberal advocacy groups acknowledged privately that they saw slim hopes of preventing his confirmation later this month in the full Senate, where Republicans hold 55 of the 100 seats.

"Sometimes seemed halfhearted". That's rather kind, don't you think? How about "childish, moronic, self-promoting, embarassingly transparent..."?

Liberals fear Alito's potential impact on the court because Bush tapped him to succeed retiring Justice Sandra Day O'Connor, who has sided with liberal justices in several high-profile 5 to 4 decisions over the years. Alito, a New Jersey-based federal appellate judge for the past 15 years, praised O'Connor's work ethic yesterday without addressing her often moderate views.

Ah, yes, they'd rather have an activist judge legislating from the bench. Sorry, guys, that's simply not how it's supposed to work.

Minority Leader Harry M. Reid (D-Nev.) issued a statement criticizing Alito but not mentioning a filibuster. "I have not forgotten that Judge Alito was only nominated after the radical right wing of the president's party forced Harriet Miers to withdraw," he said, referring to Bush's earlier choice for the slot.

Um...can you say "revisionist history"? Harriet Miers withdrew because the Dems were caterwauling about getting sooper seekrit documents from her time as White House Counsel that could seriously undermine the administration. Harry Reid seems to be off his meds. Must be all that time sitting in close proximity to Sen. Kennedy.

Wednesday's biggest bang ended in a whimper yesterday, when committee Chairman Arlen Specter (R-Pa.) announced that Alito's name was not found during a late-night search of documents at the Library of Congress dealing with the group Concerned Alumni of Princeton. Alito had boasted about his membership in a 1985 job application in the Reagan administration but told senators he could recall nothing about the group, which opposed increased enrollment of women and minorities at Princeton.

"Boasted"? Uh...he put it on a job application. That's not "boasting". I had a passing involvement in an industry-related organization - and I put it on my resume. Funny how even Samuel Alito can play a good, rousing game of "rope-a-dope" like our President.

Yesterday, Democrats instead forged ahead on other fronts. Alito declined to answer questions about efforts to rescind the Supreme Court's jurisdiction over certain types of cases, such as those involving school desegregation, saying he did not want to "hazard an answer" without further study.

Under questioning by Sen. Patrick J. Leahy (D-Vt.), Alito said "the Constitution is designed to prevent" what he called the "tragedy of having an innocent person executed." But, unlike Roberts, he stopped short of saying that the Constitution prevents such an execution.

Because he CAN'T and SHOULDN'T be giving those kinds of definitive answers, you twit. He's a judge, not a campaigning Senator. I'm no lawyer, but it seems to me that cases before the Supreme Court would be considered case-by-case, in light of facts and evidence, not in front of a bunch of drooling liberal Senators in a public forum. But that's just me. *shrug*

In a first for Supreme Court nomination hearings, seven of Alito's current and former colleagues from the U.S. Court of Appeals for the 3rd Circuit testified on his behalf. Retired judge Timothy Lewis, who sat with Alito for seven years and described himself as "unapologetically pro-choice," said that although he has sometimes disagreed with Alito, "I cannot recall one instance" when "he exhibited anything remotely resembling an ideological bent."

BECAUSE HE CAN'T. AND SHOULDN'T. Sigh.

Civil rights leaders and abortion rights advocates are among those scheduled to testify today in opposition to Alito. In prepared texts of their remarks, they characterized his record as being insensitive to women and minorities.

Ah, because "Civil rights leaders" and "abortion rights advocates" have such credibility and are the best choice for rebutting anything Alito has said? Are we seriously listening to these people? Why don't they call me and the Sage in there to testify? I'm sure we're just as qualified.

And why aren't they calling Pro Life advocates and Conservative Christian leaders in there to testify FOR him?

Yeah, I know, now I'm just being silly.


Speaking of humorous - go read Varifrank's post entitled "That's It???" right now. I envy his way with words.

Is this the "Big Bad Democrat Machine"? This is supposed to make me quake in my conservative right wing fanatic boots?

Are you kidding me? It's like hearing Kerry is running for President again, you salivate for this sort of match.

Ted Kennedy, Pat Leahy, Chuck Schumer and Joe Biden, the Mt. Rushmore of modern liberalism.... ( no wonder their party is going into the dumpster faster than undercooked airline food).

Come on.... 24 minutes of posturing, with Alito answering the issue in about 30 seconds, only to have the gasbag Senator say " you didnt answer my question". Only he did, and it was obvious to everyone that he did.

Every public display of pompus bloviation from Teddy is worth another electoral vote for the Republicans. Everytime Biden smiles, its another 100,000 votes for Republicans. Everytime Schumer looks over his glasses, another Generation X kid says 'whoa, dude. Youre harshing my mellow..."

I was worried about Miers getting through the dreaded "Democrat Gauntlet" but after this pitiful display I think one of the Bush twins could get in.

Go read it all.