Broken Deal, Bad Deal, New Deal

In all the discussion of the Alito nomination, I have seen little mention of the fact that BushCheney reneged on the agreement regarding filllibusters of judicial nominees made with the Gang of 14. Part of the deal was that the president would consult with senators on nominees. BushCheney famously failed to consult. Harry Reid early on recommened someone not from the federal bench, noting that Harriet Miers was a good choice on that criterion. But when the Wingers howled, BushCheney gave them a fighting activist, Bork Lite. And it worked. No consultation there. Not with senators, anyway. Next time around Democratic senators must demand to meet and discuss nominations. In doing so, senators could guarantee an end to the nomination circus with its Kabuki theater performances that mean nothing.

Now that Alito is in for life, I'll have to make the best of him. Alito is itelligent and experienced. His friends and many associates call him likable and reasonable. Perhaps he will evolve into a justice I admire. All I can do is hope. I doubt if he will ever be a Warren or a Marshall(Oh, wouldn't that be perfect!)but perhaps he may become a Potter Stewart or even David Souter. Alito could do much worse. I hope he will have the judgment and brillance of predecessors such as (either) Marshall, Holmes, Cardozo, Black, Douglas, Powell and the justice he replaces, Sandra Day O'Connor.

Along with Chief Justice John Roberts, Alito is the second Baby Boomer on the Court. Seventeen years after the first Boomer (Dan Quayle) ran for national office, my generation has its first presence on the Supreme Court. I hope they do not acquiesce to the dismantling of Constitutional government by an arrogant out-of-control executive. I surely don't want that to be our legacy to future generations.

A side note: For the first time in 35 years, no Arizonan will sit on the Supreme Court.