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Bush to nominate Alito for Supreme Court


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Here is the link

http://www.foxnews.com/story/0,2933,173968,00.html

Bush to Nominate Alito for Supreme Court

Monday, October 31, 2005

PHOTOS VIDEO

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STORIES BACKGROUND

•Alito Known as Thoughtful, Fair-Minded•Plame Focusing on Family•Reid Wants Rove Resignation•Attorneys Talk Libby on 'FNS'•Libby Indictments Cast Pall on White House•Guessing Game for New Court Nominee in Full Swing•Miers Withdraws Nomination•Some Get 'Borked,' Others 'Miered' •10/27/05 FOX Poll: Public Accepts Miers Decision•O'Connor Stuck on Supreme Court •Fast Facts: Potential Candidates•Miers Gets Chance to Bolster Case in Second Questionnaire•Specter Gives Miers Preview Questions for Confirmation Hearing•Senate Panel May Review Miers Past with Texas Lottery•Miers Unassuming, Successful in High School•Conservative Group to Broadcast TV Ad Opposing Miers•Bush Refuses to Hand Over Miers Papers•Bush Defends His Supreme Court Nominee•Miers Lacking Senate Support•Raw Data: Miers Questionnaire

WASHINGTON — President Bush, stung by the rejection of his first choice, will nominate Samuel Alito (search) to the Supreme Court, selecting a conservative federal judge to replace retiring Justice Sandra Day O'Connor, a moderate.

The choice, confirmed by two senior Republican official, was likely to spark a political brawl. Unlike the nomination of Harriet Miers (search), which was derailed by Bush's conservative allies, Alito will face opposition from liberal Democrats.

Bush planned to announce the nomination at 8 a.m. EST.

The White House hopes the choice mends a rift in the Republican Party caused by his failed nomination of Miers, and puts his embattled presidency on a path to political recovery. Democrats already put the White House on notice that a conservative judge such as Alito would create problems.

So consistently conservative, Alito has been dubbed "Scalito" or "Scalia-lite" by some lawyers because his judicial philosophy invites comparisons to conservative Supreme Court Justice Antonin Scalia (search). But while Scalia is outspoken and is known to badger lawyers, Alito is polite, reserved and even-tempered.

Miers bowed out last Thursday after three weeks of bruising criticism from members of Bush's own party who argued that the Texas lawyer and loyal Bush confidant had thin credentials on constitutional law and no proven record as a judicial conservative.

(Story continues below)

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The officials, speaking on condition of anonymity because they were not authorized to preview Bush's remarks, said Alito was virtually certain to get the nod from the moment Miers backed out. The 55-year-old jurist was Bush's favorite choice of the judges in the last set of deliberations but he settled instead on someone outside what he calls the "judicial monastery," the officials said.

Bush believes that Alito has not only the right experience and conservative ideology for the job, but he also has a temperament suited to building consensus on the court. A former prosecutor, Alito has experience off the bench that factored into Bush's thinking, the officials said.

"Judge Alito has a strong judicial track record," said Republican consultant Greg Mueller who works closely with conservative activists. "He has more experience than many who have come to the court."

While Alito is expected to win praise from Bush's allies on the right, Democrats have served notice that his nomination would spark a partisan brawl. Senate Minority Leader Harry Reid (search), D-Nevada, said Sunday that Alito's nomination would "create a lot of problems."

Unlike Miers, who has never been a judge, Alito, a jurist from New Jersey, has been a strong conservative voice on the 3rd U.S. Circuit Court of Appeals since Bush's father, former President George H.W. Bush, seated him there in 1990.

With the embarrassing withdrawal of the Miers nomination last week, the rising death toll in Iraq and Friday's indictment of top vice presidential aide I. Lewis "Scooter" Libby (search), Bush's approval ratings are at the lowest ebb of his presidency. Polls show Democrats and most independents don't approve of his job performance, leaving the conservative wing of his party the only thing keeping Bush afloat politically.

Judicial conservatives praise Alito's 15 years on the Philadelphia-based court, a tenure that gives him more appellate experience than almost any previous Supreme Court nominee. They say his record shows a commitment to a strict interpretation of the Constitution, ensuring that the separation of powers and checks and balances are respected and enforced. They also contend that Alito has been a powerful voice for the First Amendment's guarantees of free speech and the free exercise of religion.

Liberal groups, on the other hand, note Alito's moniker and say his nomination raises troubling concerns, especially when it comes to his record on civil rights and reproductive rights. Alito is a frequent dissenter on the 3rd Circuit, one of the most liberal federal appellate benches in the nation.

In the early 1990s, Alito was the lone dissenter in Planned Parenthood v. Casey (search), a case in which the 3rd Circuit struck down a Pennsylvania law that included a provision requiring women seeking abortions to notify their spouses.

"The Pennsylvania legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands' knowledge because of perceived problems — such as economic constraints, future plans or the husbands' previously expressed opposition — that may be obviated by discussion prior to the abortion," Alito wrote.

The case ended up at the Supreme Court where the justices, in a 6-3 decision struck down the spousal notification provision of the law. The late Chief Justice William H. Rehnquist (search) cited Alito's reasoning in his own dissent.

Alito, an Italian-American who grew up in Trenton, N.J., has a resume filled with stepping stones to the high court. He was educated at Princeton University and earned a law degree from Yale University, the president's alma mater.

The nomination of Alito could end the intense speculation over who would replace O'Connor, a decisive swing vote in a host of affirmative action, abortion, campaign finance, discrimination and death penalty cases.

Bush first picked John Roberts (search) to replace O'Connor, but when Rehnquist died, the president quickly re-nominated Roberts to the top chair on the high court.

After the Senate confirmed Roberts 78-22, Bush nominated Miers to replace O'Connor. She withdrew within a month.

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Going from Miers to Alito shows me how much the GOP has George Bush by the balls. You don't go from a moderate with a weak legal resume to another Scalia without being completely being guided by the party. This is an extremely political appointment and it's only exacerbated by the direction he was going with his failed appointment.

Miers was Bush's choice, this is the party's, and I'm not okay with that... it's the President's duty to choose someone who will interpret legal framework objectively with minimal political influence (Miers), not make the nomination on the grounds of party politics.

But, such is the federal government and such is why I don't really debate about it.

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C'mon, this is a surprise?

The Right has, frankly, made it plain over the last week or two. They don't just want somebody who Bush promises will vote their way. They want a confirmation fight, because they want an excuse to "go nuclear". (And because they think they'll win.)

They want a candidate who will get a party-line response at confirmation, so then thay can accuse "the other guys" of being political.

(I'd bet that the fact that a good, noisy, R-vs-D fight would take attention away from a lot of other news isn't a drawback, either. As was pointed out in another thread, the GOP is a lot more comfortable campaigning than they are at governing.)

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Great move Mr President.

Moderate is code for leaning left and there are plenty of "moderates" on the supreme court which is why the country has so many ills to deal with today.

Wow Alito may actually interpret the first amendment correctly which means athiest activists are going to be upset since he has no problem with nativity scenes in public.

And at the same time McCain and Feingold will be upset because he thinks their campaign finance law a.k.a the Incumbent Congressman protection act is unconstitutional due to freedom of speech retraints.

I wondered about why would wives have an abortion and not notify hubby and the most obvious answer is duh they committed adultery and became pregnant

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Now we need one more retirement which should happen next year among the liberal judges.

And exactly why should the President concern himself with what the democrats want as a judge as though they are out to help him?

Its about time he listens more to the people who actually put him in office instead of this reaching out nonsense which esults in his hand being bit

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I wonder why this guy wasn't the President's choice. Seems that he has the chops.

But, I guess since this 2nd round of vetting took less than a week. I think its pretty clear that the President is no longer in control of the big boy choices these days.

They told him who they wanted, and he bent over and said "Thank you, can I have another?"

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Moderate is code for leaning left

And leaning left is code for "fails to do what he's told".

And yep, you're (far) right: The only reason women have abortions is because they're sluts. Oughtta keep 'em locked up. Make 'em have the kids, that'll teach 'em.

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I wonder why this guy wasn't the President's choice. Seems that he has the chops.

But, I guess since this 2nd round of vetting took less than a week. I think its pretty clear that the President is no longer in control of the big boy choices these days.

They told him who they wanted, and he bent over and said "Thank you, can I have another?"

I was hoping he would have put a woman in the court though.

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Ok, this looks like a good choice so far, ideally, I would have liked a woman or a Minority, but Alito fits the most important qualifications...I think. There is going to be a lot of time to check him out, so we will find out if is as good as he appears at first glance.

First of all, he seems pretty smart and able to write very well thought out decisions.

Second of all his experiance seems so far beyond reproach.

Third of all he seems to be at least partly Un-political and has gone against what most would consider Bush positions, including I think the 2000 election decision. (not sure exactly what his exact position was, but it is good to see that he can go against the crowd if he thinks he ought to).

So far, despite him not being a minority or a woman or maybe a bit more moderate, which I'm sure we all would have really liked, he seems to be a pretty good nominee.

Sure he's conservative, but he doesn't seem to be a Janice Rogers Brown type. I think the Democrats will have a very hard time trying to make it looks as if his political views influence his decisions.

They are however using the argument that he may not be in agreement with the rest of the court on a lot of issues, which frankly sounds like a really wierd argument, but who knows maybe they have somewhere that they are going with this...lol.

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And leaning left is code for "fails to do what he's told".

And yep, you're (far) right: The only reason women have abortions is because they're sluts. Oughtta keep 'em locked up. Make 'em have the kids, that'll teach 'em.

Don't you worry Larry there will always be sluts that get knocked up and don't want to become a responsible mom as well as dirtbag guys who dont step up and become a responsible dad.

Why are you sniveling?

Even if Roe v Wade is overturned as it should be it only means that it goes back to the states instead of having 5 judges tell the nation that its ok to commit infanticide it will be the people in the states to make that decision.

Or do you think I should invest in companies that make coat hangers as other doom and gloomers want us to believe.

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Sure he's conservative, but he doesn't seem to be a Janice Rogers Brown type. I think the Democrats will have a very hard time trying to make it looks as if his political views influence his decisions.

Hopefully he is as you say, as the one thing I DON'T want is another ideolog on the bench. I'm reserving judgement right now, but it will be interesting to say the least. The left looks energized at this decision, and they may force the republicans to go nuclear. If that happens, all hell breaks loose.

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Even if Roe v Wade is overturned as it should be it only means that it goes back to the states instead of having 5 judges tell the nation that its ok to commit infanticide it will be the people in the states to make that decision.

Pro-choice is no more infanticide then pro-republican is pro-dictatorship.

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I heard on the radio (not sure which show) that the "gang of 14" has said he does not meet the definition of "extreme".

Sorry Navy, all of the best hanger companies are privately owned. You shoul dprobably buy stock in Target and Wal-Mart though, they are the nations leaders in hanger buying, so they may have to start selling them retail as well.

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Even if Roe v Wade is overturned as it should be it only means that it goes back to the states instead of having 5 judges tell the nation that its ok to commit infanticide it will be the people in the states to make that decision.

Seven judges in Roe.

Six judges in Casey.

If Roberts votes the same as Rehnquist, and Alito votes as he did at the Appeals level, we are now down to five.

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