In an interesting turn of events, Geoffrey Stone of the University of Chicago Law School has come out against the confirmation of Samuel Alito. His argument is based solely on Alito’s views on executive power:
Whatever else Judge Alito may or may not have made clear about his views on such issues as abortion, federalism, and religious freedom, he has certainly made clear that he has no interest in restraining the acts of this commander-in-chief. That, in my judgment, poses a serious threat to the nation, and is a more than adequate reason for the Senate – Republicans and Democrats alike – to deny his confirmation to the Supreme Court of the United States.
In this opinion he is joined by several prominent libertarian scholars, including Radley Balko.