President Bush Names Samuel Alito To the Supreme Court

President Bush has named as the next Associate Justice to the

Some judicial opinoins, from Wikipedia:

* Alito wrote the opinion for ACLU v. Schundler (1999), holding that a holiday display on city property did not violate the Establishment Clause because it included secular symbols, such as a large plastic Santa Claus, in addition to religious symbols.
* A dissenting opinion in Planned Parenthood v. Casey, 947 F.2d 682 (3d Cir. 1991), arguing that a Pennsylvania law that required women seeking abortions to inform their husbands should have been upheld. As JudgeAlito reasoned, “[t]he Pennsylvania legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands’ knowledge because of perceived problems — such as economic constraints, future plans, or the husbands’ previously expressed opposition — that may be obviated by discussion prior to the abortion.” Chief Justice Rehnquist’s dissent from the Supreme Court’s 5-4 decision striking down the spousal notification provision of the law quoted Judge Alito’s dissent and expressed support for Judge Alito’s reasoning.

and from Outside the Beltway:

For a unanimous panel, upheld a lower-court order requiring a school district to allow a Bible-study group to set up an information table at an elementary-school back-to-school night. Reasoned that by preventing the group from displaying its literature, the district was discriminating on the basis of viewpoint. (Child Evangelism Fellowship of N.J., Inc. v. Stafford Township School District, 2004)

Dissented from a ruling by the 3rd Circuit as a whole that an elementary school did not violate the First Amendment rights of a kindergartener by taking down (and then putting back up) a Thanksgiving poster he’d made that said the thing he was most thankful for was Jesus. The majority decided to throw out the case on a technicality; Alito protested that the child’s claim should go forward. (C.H. v. Oliva, 2000)

Dissented from a refusal to grant police officers immunity from a civil suit brought by a mother and her 10-year-old daughter who’d each been strip-searched because they lived in the home of a suspected drug dealer. Alito felt the police had behaved reasonably because the warrant led them to conclude that there was probable cause to search everyone in the house for drugs. (Doe v. Groody, 2004)

So a good guy. Alito is also a Catholic, which means that Bush has now replaced a Lutheran (Rehnquist) with a Catholic and now an Episcopalian/Anglo-Catholic with a Catholic. This should ease some of the criticisms of evangelical bias

The Volokh Conspiracy expands:

A Catholic Majority on the Court?:

There will be, if Alito is confirmed. This is an extraordinary development. It was, let’s recall, only forty-five years ago that JFK’s Catholicism was a major issue in a presidential campaign. As Ken Kersch and Philip Hamburger have shown, anti-Catholic sentiment played a large role in the development of modern establishment clause jurisprudence (in part through the influence of that old KKKer, Hugo Black). The leading separationist group after WWII was known as Protestants [now, Americans] United for the Separation of Church and State.

Captain’s Quarters says:

Of course, the Democrats blew their one opportunity to get a moderate on the bench during the Bush administration by waiting until Miers withdrew before defending her. Prior to that, Charles Schumer and Pat Leahy took great pains to call her questionnaire response “insulting” and echoing conservative complaints that her resume seemed too lightweight for a nomination to the Supreme Court. Had they pledged to support her, Bush likely would have allowed her to coast through the hearings to a floor vote despite the dissatisfaction on the right.

(For the curious, Tom Barnett predicted this.)

To make it better, the one criticism CQ came up with is that he may be too libertarian!

DrumWaster has an even simpler formula for liking the pick:

I also heard Harry Reid is unhappy about this pick….makes me happy just to hear that. Heh.

Michelle Malkin notes that Confirm Them “if the Democrats staged a filibuster against Judge Alito or Judge Luttig because of their conservatism, ‘the filibuster will not stand..'” tdaxp has written about Conservative judge victories in a strategic perspective, before.

TMH Bacon Bits links to Blogs for Bush‘s Confirm Alito Coalition

confirm_alito_coalition_md

Thank you, President Bush.

Update: tdaxp‘s Washington correspondent Catholicgauze has two words to charges of a coming Catholic judicial theocracy: “Faster, please”

curia_catholic

Update: Because of spam, I have ended trackbacks for this post :-(.

4 thoughts on “President Bush Names Samuel Alito To the Supreme Court”

  1. I’d like to note that my American Heritage Dictionary (electronic version) has this for the first definition of “catholic” —

    “adj. 1. Of broad or liberal scope; comprehensive.”

    The second definition is this:

    “2. Including or concerning all humankind; universal”

    And the etymology can loosely be translated as “according to the whole.”

    And of course, the ritualized connection of symbolism to core values seems to apply to Catholicism as well as Constitutionalism.

    So really, I wonder if the strong association of Catholicism with SCOTUS should be all that surprising…

  2. Curtis,

    lol 🙂

    Certainly better than idea of a Protestant court — seems to me that “protestors” are a recipe for an activist judiciary! 😉

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