Dispatches from the Creation Wars

Balko on Alito

Radley Balko has come out against the Alito nomination and he makes some very valid points in the process. The one thing that really disturbs me about Alito is his deference to the other branches of government.


  1. #1 Treban
    January 9, 2006

    What disturbs me the most is his deference to executive powers. When we live in an age where it is actualy a debate as to whether the president can legaly order warrentless wiretaps among other questionable executive decisions the last thing we need on the supreme court, our last line of defense against a totalitarian governement, is a yes man. The nomination of Alito flies in the face of the idea of an independent judiciary. I decided the best way to read on Alito was to look at what traditional conservatives had to say about him and they don’t seem to care a whole lot for him. Many of the decisions bush has made prove how critical our judicial system is – Alito would likely be a rubber stamp for executive mandates instead of a defender of the constitution – unless of course we end up with a opposition president.

    It was interesting listening to “The Majority Report” on the radio for a bit this evening. Sam Seader was ranting about Alito of course, but made a very interesting point. In the first 70 years of this countries existence the Supreme Court overturned 2 laws passed by congress. In the last 10 years close to 30 laws have been overturned. The insinuation being that this was the work of conservative judicial activism.

  2. #2 raj
    January 10, 2006

    Treban, I would interpret the difference to the fact that the Congress has, in the last 30 years, taken to little more than posturing, pretty much knowing that the courts would overturn their posturing.

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