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The next justice.


In one respect, Samuel Alito Samuel Anthony Alito, Jr. (born April 1, 1950) is an Associate Justice of the Supreme Court of the United States. Educated at Princeton University and Yale Law School, Alito served as a United States attorney and a judge on the United States Court of Appeals for the Third Circuit  is a more reassuring nominee even than John Roberts was. Alito has a much longer track record as an appellate judge than Roberts did--and that track record suggests a deep understanding of the important yet "limited role that our courts play in our constitutional system" (as he remarked in accepting the nomination). His opinions marry sound judicial philosophy with careful legal craftsmanship. President Bush deserves credit for having the good judgment to nominate him.

Unlike the nomination of Harriet Miers Harriet Ellan Miers (born August 10, 1945) is an American lawyer, and former White House Counsel. On January 4, 2007, she submitted her resignation from the position of White House Counsel, effective January 31.[1]

President George W.
, this nomination can be expected to play out predictably. Alito will have the enthusiastic support of conservatives. The Left began distorting his decisions within minutes of his nomination, presenting his vote to uphold a spousal-notification regulation as proof of inveterate inveterate /in·vet·er·ate/ (-vet´er-at) confirmed and chronic; long-established and difficult to cure.

in·vet·er·ate
adj.
1. Firmly and long established; deep-rooted.

2.
 hostility to Roe v. Wade Roe v. Wade, case decided in 1973 by the U.S. Supreme Court. Along with Doe v. Bolton, this decision legalized abortion in the first trimester of pregnancy. . Alito may well end up voting against Roe and restoring democratic decision-making authority over abortion. But his decision on spousal notification has little bearing on the question.

Alito tried to apply Justice Sandra Day O'Connor's "standard," allowing regulations that do not place an "undue burden" on the "right" to abortion. He thought that four regulations, including a spousal-notification requirement subject to certain exceptions, could be allowed under that standard. In reviewing his decision, O'Connor and other justices agreed with him about three of those regulations, but concluded that spousal notification presented an undue burden. The undue-burden "standard" is not much of a standard at all. It was, instead, a typical bit of O'Connorite jurisprudence, depending for its application on the subjective impressions of a judge. Alito can hardly be blamed for not predicting where O'Connor's whims would take her.

Perhaps the legal niceties ni·ce·ty  
n. pl. ni·ce·ties
1. The quality of showing or requiring careful, precise treatment: the nicety of a diplomatic exchange.

2.
 will be lost on much of the public. The underlying policy issue does not seem to be promising ground for the Left: Far from fearing spousal-notification laws, most Americans favor them.

In another case used to indict in·dict  
tr.v. in·dict·ed, in·dict·ing, in·dicts
1. To accuse of wrongdoing; charge: a book that indicts modern values.

2.
 Alito, he tried to apply a recent ruling by the Court on federalism. The Court had ruled that a ban on guns in and near schools was not a proper exercise of its power to regulate commerce among the states--although Congress could pass other laws, pursuant to other constitutional powers it possesses, to accomplish the same end. Alito ruled that the Congress, similarly, could not ban machine guns in the precise way it did. As it turned out, Alito was more serious about applying the high court's precedents than the high court itself turned out to be. Changing its mind has been this Supreme Court's prerogative, but lower courts are supposed to stay faithful to the precedents they have been given.

The world has changed since 1987, when Robert Bork's last name became a verb. The Republicans hold the Senate. We do not have to rely on the diligence and fastidiousness Fastidiousness
See also Punctuality.

Fogg, Phileas

entire life tuned to precise schedule. [Fr. Lit.: Around the World in Eighty Days]

Linkinwater, Tim

handles minutest details with order and precision. [Br. Lit.
 of the Washington Post and New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 Times' to clear up disinformation dis·in·for·ma·tion  
n.
1. Deliberately misleading information announced publicly or leaked by a government or especially by an intelligence agency in order to influence public opinion or the government in another nation:
 about the nominee. We suspect that liberals are going to discover to their chagrin that they have been right all along: You can't turn back the clock.
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Title Annotation:THE SUPREME COURT; Samuel Alito
Publication:National Review
Geographic Code:1USA
Date:Nov 21, 2005
Words:500
Previous Article:The day after Fitzmas.(POLITICS)(Patrick Fitzgerald investigation of I. Lewis Libby)
Next Article:Winning by withdrawing.(THE SUPREME COURT II)(Harriet Miers)
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