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The Asylum

Welcome to the Asylum. This is a site devoted to politics and current events in America, and around the globe. The THREE lunatics posting here are unabashed conservatives that go after the liberal lies and deceit prevalent in the debate of the day. We'd like to add that the views expressed here do not reflect the views of other inmates, nor were any inmates harmed in the creation of this site.

Location: Mesa, Arizona, United States

Who are we? We're a married couple who has a passion for politics and current events. That's what this site is about. If you read us, you know what we stand for.

Friday, January 13, 2006

It Is All Over Save for the Crying

Thank God that the "wretched hive" is gone after today. They will go into their executive session, act like babies, and vote against Judge Alito. He will still pass out of committee, and to the floor of the Senate where some twenty to thirty Democrats are likely to vote against him. Quite a few will cross party lines to support him. I commend those that do, and disdain those that do not.

When a judicial nominee comes up from a Democrat president, the GOP treats them with respect, and they do their job in weighing their judicial philosophy while the Democrats lob softball after softball at the nominee. They usually pass by an overwhelming majority with only a couple people sliding off the wagon. When a Republican president nominates a judicial nominee, the Democrats act with vitriol and spite, seething hatred and rudeness. Rather than doing what their colleagues across the aisle are doing, they engage in character assassination and outright lies, and misrepresentations of the nominee.

But, there is nothing to stop Judge Alito, as the Washington Post notes today.


Samuel A. Alito Jr., an appellate judge who could shift the Supreme Court significantly to the right, appeared headed for the high court yesterday after completing three days of interrogation without a serious misstep.

More like significantly back to the direction the court should be rather that the progressive, activist role it has taken in recent decades.

Democrats on the Senate Judiciary Committee made a final stab at challenging Alito on presidential powers, the death penalty and other matters. But their efforts sometimes seemed halfhearted, and even the most liberal advocacy groups acknowledged privately that they saw slim hopes of preventing his confirmation later this month in the full Senate, where Republicans hold 55 of the 100 seats.

Half-hearted? Most of the Democrats on the committee yesterday acted as though Judge Alito had just run over their dogs. None could muster up the pressure to be put on him. Judsge Alito sailed right through the hearings yesterday prior to the committee moving on to the witnessess summoned to speak on his behalf. One in particular, a Prof. Liu from the University of California, had glowing personal praise, but lacked respect for his professional career. The man cherry-picked three cases to beat on Judge Alito with. Even that could not stop him.

President Bush called Alito from Air Force One "to congratulate him for doing a great job during the hearings," the White House said. Committee member John Cornyn (R-Tex.) predicted the nominee "will be confirmed," adding that "the unfounded attacks on Judge Alito had about as much traction as bald tires on an icy road."

When the hearings began Monday, liberal activists said their best hope was for Alito to commit a gaffe or lose his composure. When his 18 hours of testimony ended at lunchtime yesterday, and Republican senators scurried to shake his hand, both sides agreed he had done neither.

This was the tactics from the start by those on the Left. They knew he was smart. They knew he was experienced. But I doubt they truly understood how smart our experienced he was until that first go-round in the hearings. After that day, the Democrats knew that had to get him to make a mistake. So, in Day Two, they ratcheted up the attack, made a few personal, and were hoping to shake him up, get him rattled, andmaybe even get him to lose his temper. It never happened. He remained calm, and it just flustered the Left even more.

The committee could vote as early as Tuesday on whether to recommend Alito, 55, to the full Senate. All 10 Republicans on the panel appear virtually certain to support him, while several senators predicted all eight Democrats will oppose him.

Liberals fear Alito's potential impact on the court because Bush tapped him to succeed retiring Justice Sandra Day O'Connor, who has sided with liberal justices in several high-profile 5 to 4 decisions over the years. Alito, a New Jersey-based federal appellate judge for the past 15 years, praised O'Connor's work ethic yesterday without addressing her often moderate views.

That is because, unlike us, judges give praise to their colleagues, and respect, even when it is not deserved. She is a good woman. She has a solid work ethic, and is extremely dedicated to her job. However, she is a knucklehead when it comes to how she interprets the Constitution. Judge Alito would never say that, on the record. We can, and we do.

"I would try to emulate her dedication and her integrity and her dedication to the case-by-case process of adjudication," he told Sen. Herb Kohl (D-Wis.). "I am my own person, with whatever abilities I have and whatever limitations I have."

Sen. Orrin G. Hatch (R-Utah) predicted that Alito will win the backing of all 55 GOP senators, including those who support abortion rights and those who joined a bipartisan effort last year to avert a showdown over judicial filibusters. He practically dared Democrats to try a filibuster, a tactic in which they could block a vote on Alito's confirmation unless 60 senators agreed to end debate. Democrats used the procedure to block several appellate court nominees in Bush's first term.

"If they want to filibuster, frankly, bring it on," Hatch said. In return, he predicted, Republicans would change Senate rules to ban judicial filibusters.

There will be no filibuster. The Democrats know they have lost this fight. There is no way they can freeze the GOP out from getting its sixty votes to break it. And should that occur, they know that the GOP would stand lock-step in line with Sen. Frist in calling for the Constitutional Option. As one of us noted yesterday, I believe, the best tactic the Democrats can use is a hold on Judge Alito; this would also be broken with sixty votes. They have no alternatives other than to vote, and have that record haunt them this year.

Democrats generally avoided mentioning the tactic. "We've still got a ways to go to figure what the strategy is going to be," Sen. Edward M. Kennedy (D-Mass.), the committee's best-known liberal, said in an interview.

Sen. Kennedy, the best tactic you should use is miss the vote, and stay at the bar. You have embarrassed yourself and your party with your antics this week. Likewise for Sen. Biden, Sen. Durbin, Sen. Leahy, and Sen. Schumer. However Sen. Kennedy takes the Royal Ass award home as no one else on the committee acted nearly as uncouth as he did.

Minority Leader Harry M. Reid (D-Nev.) issued a statement criticizing Alito but not mentioning a filibuster. "I have not forgotten that Judge Alito was only nominated after the radical right wing of the president's party forced Harriet Miers to withdraw," he said, referring to Bush's earlier choice for the slot.

Unlike the Left, who simply takes anyone who comes down the pipe, we choose to vet our nominees thoroughly. First, they are presented to the people and the senators. Then, they go on display ion the hearings. Lastly they receive a vote. In the case of Harriet Miers, those paying close attention to that debacle, saw that she was not a qualified nominee. She had next-to-no constitutional experience; so much so she was taking a "two week crash course" regarding Constitutional Law. To contrast this, Thomas and I have spent years studying the Constitution, and frequently comment on such matters. Harriet Miers had a good resume, if she were shooting to be a politician. Finally, she was a close, personal friend of the president, which just sent warning lights off everywhere regarding a person who was not supposed to be biased or swayed in her decisions.

The White House thinks Alito will win 60 to 70 votes for confirmation, short of the 78 votes Chief Justice John G. Roberts Jr. received last year, said an administration official who spoke on the condition of anonymity to avoid offending senators' sensibilities. One Senate Democrat, Ben Nelson (Neb.), said yesterday that he has seen nothing "that I would consider a disqualifying issue against Judge Alito."

Throughout the week, committee Democrats cited Alito's rulings and writings to press him on several fronts. Alito parried questions about his 1985 statement that the Constitution does not protect the right to abortion by saying he would keep an open mind as a justice.

He also stated that as far as he was concerned, it was settled law. He cited stare decisis, but also stated that at times it would not apply if the original precedent was bad enough to warrant overturning.

When Democrats said that he would not act as a check on unbridled presidential powers, he said the president is not above the law, while dodging the issue of whether Bush's recently disclosed domestic surveillance program is legal. He said he had been forgetful in not recusing himself in a case involving the Vanguard investment company and in joining a Princeton alumni group that sought to limit the enrollment of women and minorities.

The latter of which were non-issues, and proven to be so. Sen. Kennedy received a stinging rebuke from sen. Specter over the CAP issue on the final day of questioning. Then, later in the afternoon, Sen. Kennedy questioned a legal ethics expert who claimed that Judge Alito's participation in the Vanguard case was not a conflict of interest. To the matter of the surveillance programs, Judge Alito was not going to go on the record one way or another as that case may end up before him.

At the hearings' outset on Monday, many liberals and conservatives thought Alito would be more vulnerable than Roberts was to Democrats' attacks because he had a longer and more overtly conservative record to defend, and because senators from both parties described him as less charming and erudite in private meetings. Yesterday, activists in both camps said Alito had avoided all major traps by maintaining his calm and refusing to be drawn into definitive statements about divisive issues such as abortion.

The is because the man is smarter than his detractors. And the very notion that simply because face-to-face meetings gave one impression does not mean that in the hearings the committee did not get another impression. The main impression given by Judge Alito is that he is a competent man, a soft-spoken man, and one that is not easily riled by petty garbage thrown at him as the Left ont he committee did.

"I was a little apprehensive going in," said M. Edward Whelan III, a conservative commentator supporting Alito. "But in his way, he was at least as impressive as Roberts."

Nan Aron, head of the liberal Alliance for Justice, which opposes Alito, said Roberts's impressive performance seemed to create momentum that carried over to Alito. When Roberts's hearings began in September, she said, "you could feel an air of excitement," largely because it was the court's first vacancy in a decade.

Nan Aron and the rest of the special interest group goonies should hang their heads in shame in the face of their more liberal supporters. Short of shooting him, they should have known there was no way to "bork" Judge Alito. The record was not there for them to exploit, the comments were not there to be taken out of context. Add to the fact that Judge Alito had a lot of support behind him; support the Left sorely lacked.

When Alito's hearings began, Aron said, "much of the energy was deflated in that room." Although some liberal activists wanted Democrats to question the nominee more aggressively, Aron did not fault their performance. "Most of the problematic issues have been touched on by the senators," she said.

Wednesday's biggest bang ended in a whimper yesterday, when committee Chairman Arlen Specter (R-Pa.) announced that Alito's name was not found during a late-night search of documents at the Library of Congress dealing with the group Concerned Alumni of Princeton. Alito had boasted about his membership in a 1985 job application in the Reagan administration but told senators he could recall nothing about the group, which opposed increased enrollment of women and minorities at Princeton.

Several Republicans said Democrats' efforts were hurt Wednesday when Alito's wife fled the hearing room in tears after Sen. Lindsey O. Graham (R-S.C.) summarized the attacks related to the alumni group.

Yes, and the DailyKos kids expressed the pure, seething vitriol for Judge Alito and her wife. I read a few of the comments linked through Michelle Malkin and Ankle Biting Pundits. Simply disgusting. Beyond the pale, and below what a human being should think of another. And this, dear friends, is what the democrat Party of today represents. These little vultures act like a bunch of children, and have little regard for the basic respect that people should treat each other with. They are animals, and deserve to be caged.

Yesterday, Democrats instead forged ahead on other fronts. Alito declined to answer questions about efforts to rescind the Supreme Court's jurisdiction over certain types of cases, such as those involving school desegregation, saying he did not want to "hazard an answer" without further study.

Under questioning by Sen. Patrick J. Leahy (D-Vt.), Alito said "the Constitution is designed to prevent" what he called the "tragedy of having an innocent person executed." But, unlike Roberts, he stopped short of saying that the Constitution prevents such an execution.

In other words, on specific cases, with a request for specific answers, Judge Alito was mum; legal ethics dictate as much, and he knew this. When he stated he did not have the specifics in front of him, he meant it. When a judge approaches a specific issue, they must have all the facts, and can only make a decision when all the facts are before them.

After Alito's hearings concluded about 1 p.m., senators heard from witness panels favoring and opposing the nomination. The panels, which Alito is not attending, are scheduled to end today.

In a first for Supreme Court nomination hearings, seven of Alito's current and former colleagues from the U.S. Court of Appeals for the 3rd Circuit testified on his behalf. Retired judge Timothy Lewis, who sat with Alito for seven years and described himself as "unapologetically pro-choice," said that although he has sometimes disagreed with Alito, "I cannot recall one instance" when "he exhibited anything remotely resembling an ideological bent."

I notice that Judge Aldisert was not mentioned by the WaPo; this man hit the ball out of the park, and gave a stinging rebuke to the Left on the committee when he spoke highly of Judge Alito. That is someone who should have been quoted in the papers today, and I believe the only reason why he was not was because the rebuke was mainly centered on Sen. Kennedy.

Civil rights leaders and abortion rights advocates are among those scheduled to testify today in opposition to Alito. In prepared texts of their remarks, they characterized his record as being insensitive to women and minorities.

The Left--on all sides--are going to pull out the stops today. I am listening to the prattle from Rep. Schultz. The woman sounds like a talking point memo from NOW and NARAL, and her two chief beefs with Judge Alito is her view of abortion, and that Judge Alito is not a female. The person I wanted to see this morning I missed. That would be Erwin Chemerinsky, a weekly guest on Hugh Hewitt's show, and the lawyer on the Left squaring off against John Eastman. I would have liked to have heard what Erwin had to offer to the committee today; we have heard him all week, and whereas he is wrong on a great many things, he, unlike many on the Left, was not willing to excuse the behavior of some of the committee Democrats. So, I commend him for that.

But, there is nothing to stop this man. America should be happy about this nominee. Judge Alito will serve the country with honor, integrity, and the same judicial philosophy he has carried with him for fifteen years.

The Constitution means what it says, and says what it means.

The Bunny ;)


Anonymous Anonymous said...

The series on the committee confirmation hearing was well done. Good job. committeeI expect kennedy, schumer, biden, durbin and a couple of others to perpetuate their lies about Alito to the full senate. They will use CAP to smear Alito by association, misstate Vanguard, and put words in Alito mouth and paper that he never uttered or taken out of context. kennedy should have to appear before the ethics committee for his intentional falsehood about CAP and Alito. Judge Alito will be confirmed. Rawriter

5:28 PM  

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