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'Scalito': The AmTaliban butters Bush's bread

The announcement is slated for 8AM.

If there was any doubt, particularly among the moderates in his party, where this President turns to when he’s got his tail between his legs, there isn’t now.

The Chimp bowed down at the altar of Dobson, Bauer, Schlafly, and the rest of the AmTaliban to save his “base” of the wild-eyed Freeper set, nominating Samuel Alito. I’d someone will ask an obvious question — how on earth did Harriet Miers rate ahead of Sammy when the Chimperor was looking down the short list? We know the answer, but I want to see the White House explain that one away.

While Miers was a crony pick, a weak choice not up to snuff, Alito has 15 years on the Philly-based 3rd U.S. Circuit Court of Appeals, thus he has a paper trail that is clearly indicative of his conservative leanings — which is the litmus test the religious right has been looking for.

This is an awful choice if women want to retain control of their wombs. (AP):

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.

In the early 1990s, Alito was the lone dissenter in Planned Parenthood v. Casey, a case in which the 3rd Circuit struck down a Pennsylvania law that included a provision requiring women seeking abortions to notify their spouses.

“The 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,” Alito wrote.

The case ended up at the Supreme Court where the justices, in a 6-3 decision struck down the spousal notification provision of the law. The late Chief Justice William H. Rehnquist cited Alito’s reasoning in his own dissent.

This one is going to spur a fight, possibly a filibuster and with that, the threat of the ‘nuclear option.’ How low can Bush go? Think Progress shows you why James Dobson is smiling as he has his morning cup of coffee:

ALITO WOULD ALLOW RACE-BASED DISCRIMINATION: Alito dissented from a decision in favor of a Marriott Hotel manager who said she had been discriminated against on the basis of race. The majority explained that Alito would have protected racist employers by “immuniz[ing] an employer from the reach of Title VII if the employer’s belief that it had selected the ‘best’ candidate was the result of conscious racial bias.” [Bray v. Marriott Hotels, 1997]

ALITO WOULD ALLOW DISABILITY-BASED DISCRIMINATION: In Nathanson v. Medical College of Pennsylvania, the majority said the standard for proving disability-based discrimination articulated in Alito’s dissent was so restrictive that “few if any…cases would survive summary judgment.” [Nathanson v. Medical College of Pennsylvania, 1991]

ALITO WOULD STRIKE DOWN THE FAMILY AND MEDICAL LEAVE ACT: The Family and Medical Leave Act (FMLA) “guarantees most workers up to 12 weeks of unpaid leave to care for a loved one.” The 2003 Supreme Court ruling upholding FMLA [Nevada v. Hibbs, 2003] essentially reversed a 2000 decision by Alito which found that Congress exceeded its power in passing the law. [Chittister v. Department of Community and Economic Development, 2000]

ALITO SUPPORTS UNAUTHORIZED STRIP SEARCHES: In Doe v. Groody, Alito agued that police officers had not violated constitutional rights when they strip searched a mother and her ten-year-old daughter while carrying out a search warrant that authorized only the search of a man and his home. [Doe v. Groody, 2004]

ALITO HOSTILE TOWARD IMMIGRANTS: In two cases involving the deportation of immigrants, the majority twice noted Alito’s disregard of settled law. In Dia v. Ashcroft, the majority opinion states that Alito’s dissent “guts the statutory standard” and “ignores our precedent.” In Ki Se Lee v. Ashcroft, the majority stated Alito’s opinion contradicted “well-recognized rules of statutory construction.” [Dia v. Ashcroft, 2003; Ki Se Lee v. Ashcroft, 2004]

I know you don’t want to see all the happy dancing in Freeperland, but here you go anyway. This is why this nomination has to be fought. They know how important this shot across the bow is.

Actual Freeper Quotes™

“IMHO, if Roberts and Alito (or anyone in the Scalia mold) is all we get from W serving as president, then he will have done us proud.”

“This guy is on the most liberal appeal courts in Jersey. He has hasn’t drifted left even being on that on that court …..WOO HOO!”


“SHOCKING. STUNNING. Fabulous, Mr. President.”

“FOX news says confirmation will be a “bloodbath” and “cataclysmic”. I can hardly wait for comments by Reid, Schumer, Kennedy & Leahy – the four stooges!”

“YESSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS!………..This is what the GANG OF 7 RENEGADES never wanted… the spot-light is on the SENATE! – Let’s the games begin :)”

“Catholics dominate SC. All the Evangelicals dissed.”

“I cannot believe people in here care that he is Catholic. I’d expect that to be from liberals who want Muslims and atheists. You really can’t please everyone, even with a great nominee.”

“On Fox it’s already started: “The President has pandered to the most extreme wing of his political party..blah, blah, blah””

“Talking about the Gang of Fourteen now on Fox & Friends… Can we count on the RINOs among us when the chips are down?”

“I am elated that the Miers-supporters who preditced the nomination of Gonzales were WRONG!”

“This pick of Alito is orders of magnitude better than the pick of Miers. NOW the country will have the right debate – that is, if the GOP is up to the task of expressing why a conservative jurist is NOT an issues advocate. A conservative Court only returns the issue to the people, it does not “finally decide” the issue for them.”

“Let’s see how many bridges the pundits are willing to burn. I’d guess they finally jump on the bandwagon. If not, here is where I think they’ll complain. Coulter will say that Bush should have consulted her first and that candidate X was a better choice. Frum will be ticked that Alito is opposed to first trimester abortions (Canuck Frum is pro-abort). Krauthammer will moan and groan about Alito’s views on stem cells.”

“The GOP has to take control of framing the debate. THe DEMs have heretofor been successful at tframing the debate as issues advocacy. The GOP needs to redirect that, so that the people realize the COurt is going to be LESS likely to make decisions relating to social structure
, so that the people can make social issue decisions, working through their legislatures.”

“Good, I hope for a miracle on Alito and it goes to a vote and passes, even if by only 51-50. Or, we may just well see Borking #2.”

“This is one the Demodogs have mentioned filibuster…I wonder how many “conservatives” will join them, after having their blood dinner with Miers.”

“Too conservative? Nobody can be too rich or too thin. Or too conservative. I LIKE to see the veins pop out on Chuck Schumer’s temples. Of course, no matter who George W. Bush may have nominated, Chuck’s response would have been exactly the same.”

“Way to go Pres Bush! If Scalito is unacceptable to the Dems he is automatically qualified, let the war begin and lets go to the mattresses.”

“BRING IT ON!!! This is the kind of shot in the arm the GOP needs right now.”

“I STRONGLY suggest we start emailing all seven of those ‘stinkin… sniveling… RINO’s who always ‘sh_t-their-pants’ in the Senate. Tell them you’ll donate to ANY candidate who runs against them if they fail again to find their spines!”

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Pam Spaulding

Pam Spaulding