So it Begins
Samuel Alito begins his adventure into Ego-Ego Land when he walks into the Senate Room where his confirmation hearings for the U.S. Supreme Court will take place.
The Democrats are already threatening to filibuster Alito. I can already hear Schumer, Biden, Kennedy, and Leahy speaking for maybe 2 minutes on Alito then morphing into separate diatribes against Bush, wiretaps, and executive power. Feinstein will talk endlessly about Roe v. Wade (along with her cohort Specter), and how it is a vital, important, and super-duper precedent. How you dare Judge Alito (I can hear Feinstein blather), disturb a woman’s right to choose?
The Republican senators will effectively counter the attacks of the Democrats, although Senator Lindsey Graham will attempt to showcase his talent for praising the nominee by praising himself. I hope the Republicans ask probing questions of Alito, which would reinforce any doubt as to his conservatism but would also allow the American people to understand whether his views the Constitution from an originalist or make-it-up-as-you-go perspective.
When Chief Justice Roberts was confirmed, conservatives really did not know where he stood on social issues, particularly gay marriage. Questions from the Republicans like “Do you believe that state legislators can set moral boundaries, codified in the criminal and civil codes, on behalf of the citizens?” and if so, “What is the appropriate level of deference that you as a Supreme Court Justice would give the state legislative decision?” By asking these types of questions, conservatives could peel away a little bit more of the mystery of Alito’s conservatism.
Alito’s decision-making on the Court will be crucial to returning the an orginalist, not activist focus. Of late, the Supreme Court has usurped the legislative function far too often (e.g., Lawrence v. Texas). The morality of nine lawyers should not be able to dictate the moral boundaries of state or federal government–that is the job of the People’s representatives.
May the madness begin.