Back to the Court
It’s also time to remain focused on the other big news in Washington right now; who will the President tap to the Supreme Court. It’s obvious that this time the President has to go for greatness, he needs a quick confirmation instead of getting into a whole different mess of problems. Some leading contenders for the seat are:
Judge Samuel Alito, 54, of the 3rd circuit is nicknamed “Scalito;” noted dissent in Casey argued that PA had rational reasons for requiring women to notify their husbands before seeking abortions; wrote majority opinion in Shore High School BOE v. PS 381, holding that a student’s right to a free public education under the Ind. with Disabilities Act was violated because “itt failed to protect the student from bullying by fellow students who taunted the student based on his lack of athleticism and his perceived sexual orientation.” Judge J. Michael Luttig, 51, of the 4th circuit, ex-Scalia, ex-Berger clerk appt. to the court in 1991. Dissented in Hamdi, favoring broad executive powers to determine whether a detainee is an enemy combatant. Conservative rulings in endagered species act cases have endeared him to activists. Is well-known by the DC legal establishment; considered one of the best minds of his generation. Judge Michael McConnell, 50, of the 10th circuit. Considered one of the most brilliant legal minds of his generation; well-regarded by even liberal law professors. Believed majority in Bush v. Gore ruled incorrectly. Has written extensively on legal prohibition of abortion, leaving something for opponents and supporters of abortion rights to chew on. Personally opposes abortion; he signed a pro-life petition in ’95.
If the President is to nominate some one like a Priscilla Owens or another radical choice that prompted the original filibuster debate, I think the Democrats need to welcome the challenge, the President is in a weakened position, which should allow us to get at least an excellent justice with the quality of John Roberts, or a more moderate choice that would still appease the conservatives.
Quickly though, I’d like to point out that the withdrawal of Miers and the support it’s received from Republican Senators is not wholly a function of the right wing, I still feel that part of it was here incompetence at returning a new questionnaire, answering questions, and showing a vast knowledge of the issues. Because of that, I think the Democrats can force a more moderate justice than the Religious Right would prefer, and most Republicans would support him/her, because they want to move what has been a slow second term along.