Regarding Alito

Samuel A Alito, Jr, that is.

Anyone who read my first post may think I am hostile to judges like Alito (and Scalia, for example) because they are the type of judges preferred by those who want "strict constructionism".

This is wrong. I have no problem with either judge. I do not feel that a judge must read the Constitution broadly. I believe that judges may, if, in their...well...judgement...feel it is appropriate to do so, and permitted by the language of the Constitution. If a judge does not feel it is appropriate to do so, then he or she should not, and that is also an appropriate use of the judicial power.

Everything I have read about Alito indicates that he is a thoughtful, brilliant, open-minded jurist. He has issued opinions that some may find controversial, however, nothing "extreme" or out-of-line with the language of binding precedent (that I am aware of).

People do not have a right to expect a judge who will vow to uphold Roe. When Bush was elected, it was very clear that (1) he opposed Roe, and (2) he would appoint a judge during his term. In the debate on Oct 8, he said:

I'm not telling. I really don't have, haven't picked anybody yet. Plus I want them all voting for me. I would pick somebody who would not allow their personal opinion to get in the way of the law. I would pick somebody who would strictly interpret the Constitution of the United States.

Uh, let me give you a couple of examples I guess of the kind of person I wouldn't pick. I wouldn't pick a judge who said that the Pledge of Allegiance couldn't be said in a school because it had the words 'under God'' in it. I think that's an example of a judge allowing personal opinion to enter into the decision-making process, as opposed to strict interpretation of the Constitution. Another example would be the Dred Scott case, which is where judges years ago said that the Constitution allowed slavery because of personal property rights. That's personal opinion. That's not what the Constitution says. The Constitution of the United States says we're all - you know, it doesn't say that. It doesn't speak to the equality of America.

And so I would pick people that would be strict constructionists. We've got plenty of lawmakers in Washington, D.C. Legislators make law. Judges interpret the Constitution. And I suspect one of us will have a pick at the end of next year, next four years. And that's the kind of judge I'm going to put on there. No litmus test except for how they interpret the Constitution. Thank you

Alito is exactly what he promised.