As Clemenza said in The Godfather, you need a good war every now and then. And Bush’s pick of Alito is sure to cause one, with the end result being a rules change in the Senate barring judicial filibusters. More about this whole subject to follow.
President Bush, stung by the rejection of his first choice, will nominate Samuel Alito to the Supreme Court, selecting a conservative federal judge to replace retiring Justice Sandra Day O’Connor, a moderate.
Notice how the AP is still playing the ridiculous “O’Connor is a moderate so she has to be replaced by a moderate” game.
The choice, confirmed by two senior Republican official, was likely to spark a political brawl. Unlike the nomination of Harriet Miers, which was derailed by Bush’s conservative allies, Alito will face opposition from liberal Democrats.
Bush planned to announce the nomination at 8 a.m. EST.
The White House hopes the choice mends a rift in the Republican Party caused by his failed nomination of Miers, and puts his embattled presidency on a path to political recovery. Democrats already put the White House on notice that a conservative judge such as Alito would create problems.
So consistently conservative, Alito has been dubbed “Scalito” or “Scalia-lite” by some lawyers because his judicial philosophy invites comparisons to conservative Supreme Court Justice Antonin Scalia. But while Scalia is outspoken and is known to badger lawyers, Alito is polite, reserved and even-tempered.
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Judicial conservatives praise Alito’s 15 years on the Philadelphia-based court, a tenure that gives him more appellate experience than almost any previous Supreme Court nominee. They say his record shows a commitment to a strict interpretation of the Constitution, ensuring that the separation of powers and checks and balances are respected and enforced. They also contend that Alito has been a powerful voice for the First Amendment’s guarantees of free speech and the free exercise of religion.
Liberal groups, on the other hand, note Alito’s moniker and say his nomination raises troubling concerns, especially when it comes to his record on civil rights and reproductive rights. Alito is a frequent dissenter on the 3rd Circuit, one of the most liberal federal appellate benches in the nation.
