Tuesday, January 31, 2006

Alito to be Confirmed

Get ready everyone. Wave bye bye to a constitutional right to privacy, which has implications that go farther than just abortion. Wave hello to an executive branch shrouded in secrecy with unprecedented power, now that there are four conservative ideologues on the court, and a fifth, Anthony Kennedy, that usually goes along with them on most issues. Say goodbye to the federal government's right to make and enforce consumer protection regulations through the commerce clause as Alito and company take us back to a view of federalism that hasn't been popular since the 19th century. Say hello to a man that is willing to ignore stare decisis when it isn't convenient for him to give it the proper consideration. And with the retirement of Justice O'Connor, get ready to say hello to the most conservative court since the early 1930's.

Although its true that Anthony Kennedy supported the majority decisions in Roe and Casey, it is also true that he almost voted to overturn Roe in Casey, and was so close to doing so that Rehnquist had already drafted a majority opinion in which he expected Kennedy to join. The fact that there are technically still five people on the court that support Casey doesn't give me much comfort. And really, although abortion is an important issue, I think it will seem like small potatoes compared to the other things that this super conservative court will do with business issues, race issues, criminal procedure issues, and federalism. And what is really sad is that the democrats didn't do everything they could to stop it. Why not filibuster? They had the votes to do it. And politically, what were the risks of doing it? Alienating the majority of the country that favors legal abortion, does NOT support George W. Bush, thinks that Republicans are more tied to special interests than Democrats, and wants a change in congress this year? I don't think so. Instead the Dems rolled over and played dead, like they always seem to do. Whats it going to take to wake these jerks up? If a lifetime appointment of a man like Alito to the most powerful domestic court in the western world isn't serious enough to get them in gear, I don't know what will.


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