Scalito

Overcompensating? President Bush, replacing the nominee run out of town by the conservative right, nominates Scalia-lite.

I’ve said before, that for me, more important than a nominee’s politics are his qualifications. I don’t count gender or race as a qualification, either way, even if the Senate Minority Leader does: “‘President Bush would leave the Supreme Court looking less like America and more like an old boys club,’ he said, referring to the fact that Alito is neither a woman nor a minority.” Beg your pardon? Where, exactly, in the constitution does it say that the Supreme Court is supposed to look like a demogrpahic cross-section of the country?

On the other hand, the man’s been a US Court of Appeals Judge for 15 years, has tried 12 cases in front of the Supreme Court and has been a prosecutor and government attorney. If he’s half as smart as Scalia, his politics don’t matter. He’s qualified. He might get Bork-ed by the Dems in the Senate anyway, which bugs me. Because, again, show me where in the Constitution appears the requirement that people agree with the politics of a Supreme Court judge.

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3 responses to “Scalito

  1. I know the constitution does not say anywhere we have to agree with the politics of a supreme court justice.
    But isn’t the confirmation process just that? A checks and balance on the power of the president to shape the court.

  2. I agree with Noy G: I don’t think the Senate’s job is to check the politics of the candidate, but rather his/her qualifications. The Senate shouldn’t Bork anyone – its job is to “Miers” people. The President is elected with the understanding that he gets to nominate justices that fit into his ideological scheme. Voters know this when they elect him. The checks and balances is against mistakes like Miers, not for ideological reason, as with Bork.

  3. Taken to the extreme, someone’s ideology may make him or her unfit to serve on the court. I won’t throw out examples, I am sure you can think of one.
    Of course, not all is black and white, but shades of gray. I am not sure myself where, but somewhere the line between ideology and fitness to serve is crossed.

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