It's Alito!
Everything I have seen and heard so far would seem to indicate that Judge Alito is a spectacular nominee for the Associate Justice vacanacy created by the retirement of Justice O'Connor. He is said to combine the brilliance of Scalia with the politeness of Roberts. I love this quotation, which echoes Chief Justice Roberts:
"Most of the labels people use to talk about judges, and the way judges decide (cases) aren't too descriptive. ... Judges should be judges. They shouldn't be legislators, they shouldn't be administrators."
George Stephanopoulous, of the Clinton White House and ABC News, has been on the radio airwaves stating ominously that this would make 5 Catholics on the Court. It's not really George's or anybody else's business, but Justice Thomas is said to be now observing the Episcopalian rite, not the Catholic faith. But this fact just points up the absurdity, indeed the offensiveness, of religious bean—counting.
The Democrats and media will be making a big mistake is they pursue this line of attack. Neither Catholics nor Jews are likely to be comforted by it. And then there is the awkward matter of the Constitution's requirement that there be no religious test.
Once again, I find myself looking forward to the confirmation hearings. All the conservative elites can take comfort in the duo—Ivy pedigree and reported eloquence and brilliance of Judge Alito. Originalists will delight in his apparent clear—headedness on the role of the judiciary. And Democrats can dread the requirement from their abortion interest group financial supporters that they oppose a replacement of O'Connofr with a more conservative vote on the Court, when that nominee threatens to dazzle on the model of Roberts.
I am a happy camper.
Thomas Lifson 10 31 05
UPDATE:
Matt May offers his comments here.
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