Monday, October 31, 2005

Alito's Way

Bush is gambling here and I think he is going to win. By nominating a reactionary Bush gets his troops marching again. They need something to rally around because of his perceived weakness as a result of Katrina, Miers, the Plame outing/Libby indictment and the war. The question will be the weight of Democratic senatorial cajones and the "moderate" Republican. This is the weakness in the gambit. Alito is a Scalia reactionary. He is into nutty ideas like natural law, original intent and other 18th century pablum. Things like rights of privacy don't exist for him because the quill pen of providence did not mark the parchment of Philadelphia in 1787. For instance he dissented in the Casey case which depended on Justice O'Connor, who "Scalito" would replace, which required spousal concent for an abortion. This appointment will change the court. Right wingers know this and want to have the debate and more importantly, the power, when they win.

The pro-abortion crowd has been crying wolf on the issue for awhile when it comes to the generic right but now they will be correct when they say Roe v. Wade is in trouble. They have lots of clout and money (or should I say money and clout?) so look for Mrs Clinton to be out front on this one even though she likes to straddle (not Bill though from what I here) most of the time. Feingold will be key. They need his vote but he's on record as allowing the President leeway on judicial nominations unless they are incompetent. I bet he also follows the NARAL/NOW money given his presidential ambition.

For the vote to fail all the pwogwessives need is 1 more than a third of the Senate to uphold a filibuster. Are the Democrats up to the task? I doubt it.

Judge Alito's views on the Family Leave Act.

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