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Thursday, January 26, 2006

NYT Calls for Alito Filibuster! Alito "far more frightening" than Filibuster

New York Times
January 26, 2006
Editorial
Senators in Need of a Spine

Judge Samuel Alito Jr., whose entire history suggests that he holds extreme views about the expansive powers of the presidency and the limited role of Congress, will almost certainly be a Supreme Court justice soon. His elevation will come courtesy of a president whose grandiose vision of his own powers threatens to undermine the nation's basic philosophy of government — and a Senate that seems eager to cooperate by rolling over and playing dead.

[b]It is hard to imagine a moment when it would be more appropriate for senators to fight for a principle. Even a losing battle would draw the public's attention to the import of this nomination.[/b]

(snip)

But portraying the Alito nomination as just another volley in the culture wars vastly underestimates its significance. The judge's record strongly suggests that [b]he is an eager lieutenant in the ranks of the conservative theorists who ignore our system of checks and balances, elevating the presidency over everything else.[/b] He has expressed little enthusiasm for restrictions on presidential power and has espoused the peculiar argument that a president's intent in signing a bill is just as important as the intent of Congress in writing it. This would be worrisome at any time, but it takes on far more significance now, when the Bush administration seems determined to use the cover of the "war on terror" and presidential privilege to ignore every restraint, from the Constitution to Congressional demands for information.

[b]There was nothing that Judge Alito said in his hearings that gave any comfort to those of us who wonder whether the new Roberts court will follow precedent and continue to affirm, for instance, that a man the president labels an "unlawful enemy combatant" has the basic right to challenge the government's ability to hold him in detention forever without explanation. His much-quoted statement that the president is not above the law is meaningless unless he also believes that the law requires the chief executive to defer to Congress and the courts.

Judge Alito's refusal to even pretend to sound like a moderate was telling because it would have cost him so little.[/b]

(snip)

A filibuster is a radical tool. It's easy to see why Democrats are frightened of it. But from our perspective, [b]there are some things far more frightening. One of them is Samuel Alito on the Supreme Court.[/b]

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