Wednesday, November 02, 2005

A Matter of Degrees

Josh is correct. There is an argument out there that Scalito (yes I'm going to keep calling him that) is a fairly reasonable jurist. I'm not going to make the argument either. I'm just going to report that Arlen Specter:

"... met with Alito for an hour and 15 minutes Monday and that the veteran appeals court judge assured him "he believes there is a right to privacy under the liberty clause of the United States Constitution" and "he accepts Griswold v. Connecticut as good law."....Alito also assured Specter that his view of legal precedent was that "the longer a decision was in effect and the more times it had been affirmed by different courts and different justices appointed by different presidents, it had extra precedential value."

It's going to take alot for me to support this nominee and this doesn't even come to close to getting me there. But, contrary to the learned Mr. Kuehn's notion, I am open to a nominee -- even one picked by Fearless Leader. More likes this might get me there, but it would have to be alot more. Plus, there's always the possibility that he's simply lying like Thomas did. It's easy to say something is settled law when you're on a lower court that must apply it.

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