Final Words

The US Senate debate is debating the Samuel Alito nomination. Democratic senators have one last chance to demonstrate Alito’s unsuitability to serve on the US Supreme Court. Democrats on the Judiciary Committee did a poor job of making their case. According to MSM the Democrats didn’t land a punch and Alito skated by.

Not for want of trying, sort of. Committee Democrats asked many questions and pontificated a great deal but they did little to raise real concern in the nation about the danger of this nomination. Yeah, Alito is a nice person and has excellent qualifications. I hope that means he has sufficient respect for our Constitution that he will not trash it. But I am not sure of that. In an era where presidential authority is expanding by quantum leaps, I would like to have a Supreme Court that will ensure that the executive will always be subject to the rule of law. I

Alito’s views on executive authority are dangerously permissive toward the executive. If his record and history are any guide, he is likely to lock in the BushCheney presidency: secrecy, arrogance, disregard of law and precedent, all those niggling little trappings of democracy that so impede an absolute executive. All of BushCheney’s broad assertions of authority will have a good friend in the Court. Replacing Sandra Day O’Connor with Samuel Alito, trades “War is not a blank check” for “Where do I sign?”.

If George W. Bush had any kind of mandate, I would probably concede him a less radical choice. But he was barely, if at all, elected. He has no mandate to make such a radical change in American law. Nor did he consult with the Senate on the nomination, listening instead to Right Wing howls demanding their promised payback. I see every reason to devote as much time as necessary in Senate debate to questioning the propriety of this nomination. This is the Senate’s opportunity to advise on this critical nomination.

There’s a risk, though. Democrats need to make s strong, coherent case against Alito. They cannot simply restate the same old arguments. Democrats must clearly articulate the dangers to Constitutional government. In the process, perhaps they will impress on the soon-to-be Associate Justice Alito the dangerous consequences that his conservative activist views will have for the nation. Maybe they will have an impact.

About all we have left is hope and the courage to stand up for the real America. Godspeed Senator Kerry, Senator Kennedy and all who stand with you.


I sent a version of these thoughts in a fax to various persuadable senators through www.savethecourt.org.