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What will happen if Alito nomination is defeated? History has an answer.

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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-15-06 10:40 PM
Original message
What will happen if Alito nomination is defeated? History has an answer.
Another argument against an effort to fillibuster bites the dust...

What will happen if the Alito nomination is defeated? History has an answer.

Some who do not want to see Alito on the Supreme Court ask why it’s worth fighting to defeat the nomination since George W. Bush could just come up with another, equally objectionable nominee if Alito is rejected. Here’s our answer.

First of all, each nomination has to be evaluated on its own merits, and a nominee whose record shows him or her to be unfit for a lifetime seat on our nation’s highest court should not be confirmed.

In addition, history has shown that when a president doesn’t get his way with his first or second choice for the Supreme Court, he may select someone with broader support and a more moderate record the next time around. For example, President Nixon twice failed to get a nominee confirmed to the Supreme Court spot vacated by Justice Abe Fortas: the nominations of Clement F. Haynsworth, Jr. in 1969 and G. Harrold Carswell in 1970 both failed due to Senators’ ideological and other objections to the nominees. President Nixon’s third try, Harry Blackmun, was a consensus nominee who was easily confirmed. And of course, he turned out to be a moderate Justice, most well known for having authored Roe v. Wade.

And don’t forget what happened after President Reagan nominated Robert Bork to a vacancy on the Supreme Court in 1987. Judge Bork’s views were very extreme -- he had publicly stated that there was no constitutional right to privacy, and he advocated narrowing other fundamental legal protections such as the right to free speech and to equal protection of the law. After a loud public outcry, the Senate rejected the Bork nomination. President Reagan’s second choice, Douglas Ginsburg, asked that his nomination be withdrawn after a controversy arose over his past use of marijuana. President Reagan then selected Anthony Kennedy, who was confirmed unanimously. Upon his confirmation, Kennedy reportedly received a note from Justice Blackmun welcoming him to "the good old No. 3 club." Although Justice Kennedy is certainly conservative, he has proven to be very different from Bork. For example, Kennedy authored the Court’s opinion in 2003, Lawrence v. Texas, holding that the constitutional right to privacy bars a state from criminalizing consensual sex between adults.

And the fallout from the Bork battle didn't end with Justice Kennedy's confirmation. For the next opening after that, in 1990, the first President Bush -- eager to avoid another heated confirmation fight a la Bork's -- named David Souter, who has turned out to be a moderate on the Court.

Of course, there’s no way to know what will happen next if the Senate rejects the Alito nomination. But Alito, don’t forget, is Bush’s second choice, picked after Harriet Miers' nomination was withdrawn. If the Senate says "no" to Alito, perhaps the White House, on its third try, will come up with a qualified, less extreme nominee. History suggests this is no pipedream.


http://www.nominationwatch.org/2006/01/what_will_happe....

If you follow the link, make sure to look around at some of the other anti-Alito things posted on the Nomination Watch site. Its got some good ammo to use in your LTTEs and emails to Congress.
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coldiggs Donating Member (274 posts) Send PM | Profile | Ignore Sun Jan-15-06 10:42 PM
Response to Original message
1. Thanks for that. We realy do need to fight this tooth and nail.
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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-15-06 10:46 PM
Response to Reply #1
3. Its not over 'til its over...
I have told the Senators who I emailed to expect "a groundswell of support" for a fillibuster from "newly energized Democrats."

(Sure hope I'm right.)
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coldiggs Donating Member (274 posts) Send PM | Profile | Ignore Sun Jan-15-06 10:51 PM
Response to Reply #3
5. ya i agree
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John Q. Citizen Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-15-06 11:13 PM
Response to Reply #1
8. I'm with you coldiggs and wordy.

I haven't sent a letter to the editor yet about Alito, but I think I will compose one tonight and send it to the Billings Gazette.

Coldiggs, have you called/written Murrey and Cantwell yet? If not, ask them to filibuster because it's the right thing top do. The Spokane Spokesman Review Newspaper probably could use a thoughtful intelligent letter to the editor on why Alito will aid corruption by the Republicans, or will erode our civil rights, or will allow the president to go insane batshit agro.
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coldiggs Donating Member (274 posts) Send PM | Profile | Ignore Sun Jan-15-06 11:16 PM
Response to Reply #8
9. ya I emailed both of them I dont think snail mail will get there in time t
o do any good
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John Q. Citizen Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-15-06 11:33 PM
Response to Reply #9
11. Right on! If the people lead the leaders will follow.
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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-16-06 09:56 AM
Response to Reply #11
13. That's why letters and emails and phone calls are so important! eom
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niyad Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-15-06 10:44 PM
Response to Original message
2. those presidents, however, did NOT think that they were ordained by
god to be a little tinpot dictator, though. a slight, but telling difference.
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Wordie Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-15-06 10:47 PM
Response to Reply #2
4. Are you suggesting that a de-frocking is in order??? LOL
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niyad Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-15-06 10:54 PM
Response to Reply #4
6. hmmmmmmm. . . .
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Straight Shooter Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-15-06 10:56 PM
Response to Original message
7. Past use of marijuana. Wow, how times have changed.
Douglas Ginsburg should have cried out that he'd been saved, yes, indeed, born again and all that.

Now we've got an idiot in the White House who's a cokehead, an alcoholic with a nasty vengeful spiteful temper, but his supporters aren't outraged. The very same ones who mock Clinton for his "I didn't inhale" faux pas.

Conservatives in power are idiots. Alito isn't even a conservative. He's a frickin' reactionary.
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Coastie for Truth Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-15-06 11:18 PM
Response to Original message
10. Don't be so sure - the GOP controls the Senate
<>

John Yoo is a professor of law at the University of California at Berkeley School of Law (Boalt Hall), where he has taught since 1993. From 2001-03, he served as a deputy assistant attorney general in the Office of Legal Counsel of the U.S. Department of Justice, where he worked on issues involving foreign affairs, national security, and the separation of powers. He served as general gounsel of the U.S. Senate Judiciary Committee from 1995-96, where he advised on constitutional issues and judicial nominations.

After graduating from law school, he clerked for Judge Laurence H. Silberman of the U.S. Court of Appeals of the District of Columbia Circuit. He joined the Boalt faculty in 1993, and then clerked for Justice Clarence Thomas of the U.S. Supreme Court.

The answer is obvious: we must win control of the Seante.
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emlev Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Jan-15-06 11:43 PM
Response to Original message
12. Thanks for this. Kick--n/t
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