Monday, January 16, 2006

More Non-Issues About Alito Recusal

Senator Russ Feingold is certainly a crackpot by any definition, but typically he's at least principled. Now he's asked Judge Alito if he will recuse himself on the Supreme Court from cases appealed from the third circuit because his fellow judges testified on his behalf during his confirmation hearings.

Feingold is right that this has never been done before; the unprecedented reason so many of his colleagues appeared before the committee is....to refute the totally unmerited criticism of Judge Alito! They recognize that the sleazy methods of Senate democrats have a serious chance of affecting public opinion, and justifiably want to set the record straight.

Senators should be analyzing Judge Alito's holdings in cases. They should carefully examine his/her capabilities. A history of unimpeachable ethics is necessary for the highest court on the land.

The problem for liberals is, Judge Alito met and surpassed every standard in the eyes of his colleagues, his aides, the American Bar Association, former employers, and anyone else who has actually met him.

Liberals' plans to sink the nomination relied on a version of history that simply didn't occur. But they wouldn't let the truth get in the way. And Alito's colleagues enthusiastically agreed to unprecedented measures to fight an unprecedented smear campaign.

**I'd like reader comments on this point:** sometime in the future there will be a Democratic White House and Republican Senate. I'm honestly not sure if I think Republicans should take the high road and determine confirmation on a Supreme Court nominee's merit (as they did with Ginsburg and Breyer) or follow the liberal's example by simply refusing to consider any candidates.

I can see both sides; maybe we just need to permanently end liberal judicial activism with a symbolic overturn of Roe before 2008 (although Republicans will again win the White House).

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