BUSH'S SECOND BEST: ALITO

BUSH HEADS TOWARD COLLISION with Democrats on new Supreme Court nominee Samuel A. Alito.  Bush’s second choice after Harriet Miers rejected herself may not be choice enough for Democrats.  Bush now steers to the hard right with more rough water. [story] [Bush statement]

The nomination is likely to please Mr. Bush's conservative allies, whose sharp criticism of Harriet E. Miers was instrumental in prompting her to withdraw last week. But the president is more likely to get a battle from Democrats and liberals who may believe Judge Alito's views are too extreme. . . . Over the weekend, Senator Harry Reid of Nevada, the Democratic leader, warned President Bush not to pick Judge Alito, 55. "I think it would create a lot of problems," Mr. Reid said on "Late Edition" on CNN.

REID WOULD NOT rule our a filibuster, which the Republican majority may rule out of order. Senator Lindsay Graham warns against that move. Reid calls it like he see it. [story]

"If he wants to divert attention from all of his many problems, he can send us somebody that is going to create a lot of problems," Reid said of Bush on CNN. "I think this time he would be ill-advised to do that. But the right wing, the radical right wing, is pushing a lot of his buttons, and he may just go along with them."

NOW THE QUESTION is who is in charge and where are we headed.  Will November have a nuclear frost?  For the next few hours at least Bush won’t face hot questions on Scooter Libby.

RECOMMENDED ADDITIONAL READING
LEFT BOUNCES RIGHT BACK UP.  People For the American Way rejects Alito [Barbash Wapo Blog] Replacing a mainstream conservative like Justice O’Connor with a far-right activist like Samuel Alito would threaten Americans’ rights and legal protections for decades,” said Neas.  “Justice O’Connor had a pivotal role at the center of the Court, often providing a crucial vote to protect privacy, civil rights, and so much more.  All that would be at risk if she were replaced with Judge Alito, who has a record of ideological activism against privacy rights, civil rights, workers’ rights, and more. [via Talk Left] [Full PFAW statement]
 

THE HERETIK WONDERS how power will play out here, whether Bush being played out in other fields will hurt him in this new field of icebergs. The 'O'Connor Seat' will prove far more contentious than the more settled Rhenquist seat on the court.
 
AND NOW FOR REACTION FROM THE RIGHT
HOSANNA# 1 [Professor Bainbridge]I think it's a great choice. Alito is everything Harriet Miers was not: An experienced jurist. Prosecutorial and government experience. Relatively young (55). Stellar educational credentials (Princeton and Yale). A committed conservative whose track record earned him the nickname Scalito. (Wikipedia has details on some of his decisions.)

THE HERETIK NOTES cute, diminutive names like ‘Scalito’ presage big opposition from Democrats. Sober Sam could have a more daunting nickname, maybe Atillito The Little Hun.  Mention of the dreaded Scalia word places Alito on the far right, not the mainstream, many Democrats will argue.

HARD CHOICE, HARD REALITY FOR DEMOCRATS [Jack Balkin] No doubt Alito will produce a fight over ideology and constitutional interpretation, but it is a fight that Bush calculates he can win. Having such a fight, and winning it, gives him the best of both worlds: a successful nomination of a conservative to the Supreme Court and an opportunity for movement conservatives to make their case about what the Constitution should mean.

THE HERETIK SEES MORE QUESTIONS than answers right now.  Joe Gandelman neatly defines them [The Moderate Voice] How total will the Democratic battle against him be? Will it go all the way towards a filibuster? If so, will it trigger the GOP's long mentioned "nuclear-option" to eliminate filibusters against judicial nominees (something actually sought by some partisans in both parties)?

Will it split the "gang of 14" moderates? If some of the Democrats eventually oppose Alito, would the GOPers agree that this was the kind of nomination that falls under the agreement? At this point, it looks like a split would be likely.

What will this do to the President's remaining three years? Will conservatives, likened to spurned lovers due to the repulsion over the later withdrawn Harriet Miers nomination, quickly forgive and return to the fold (highly likely)? Will the way the nomination is handled and gotten through the Senate effectively obliterate the Democrats and continue to spur the defection of independents from the GOP? And, if so, would it cause previous theories that the center is important to effectively became inoperative in real (e.g. poll) terms?

THE HERETIK NOTES EVERYONE is looking for a clear win here.  What may happen is everyone loses.

ALSO RECOMMENDED
THE SOUND AND THE FURY [Pam Spaulding/Pandagon] AmTaliban, Alito and the Freepers.

REPUBLICAN TALKING POINTS  [Is That  Legal?] [via Shakespeare's Sister]

[Tennesee Guerilla Woman]  “. . . he [Alito] voted to uphold a Pennsylvania law that required a woman to notify her husband before an abortion."  When the male dominated state considers ordering you to tell your husband anything, it's time to wonder what country, or what century, you are living in.

MORE TO FOLLOW

Comments

[Kate]

Reid implies that Bush isn't part of the radical right when he is. The Dems drive me nuts anymore. First there was Harriet "it could have been worse" Meirs. And now Scalito. My guess is that the dems won't filibuster. They'll make a little stink to satisfy their supposed constituency (do we actually exist?) then let this wacko slide right in. I hope I'm wrong, but...

[Deb]

Another altar boy - cool!

[Lillian]

Do I sense hypocrisy among the Supremes? It is time to investigate these so-called Catholic Supreme Court justices to find out which ones have used contraception--notice how many Supremes who are Catholic have small families? I saw only two children at Alito's introduction today. Use of any form of contraception is a mortal sin just as surely as is abortion for a good Catholic boy like Alito, Scalia, Thomas, etc. Find out who has had a vasectomy--also a mortal sin. For a truly orthodox Catholic, anything that interferes with the possibility of conception is a mortal sin. Don't let the boys off the hook!