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Wednesday, November 30, 2005

Alito In? Alito Out? If you're only halfway in, you're neither in or out.

We're in the dark too. We don't know what will happen. But what does that matter. Using our best talking head technique, we'll speculate.

Or maybe we'll reach up into the penumbra which floats above the debate, and pluck an answer. So here it goes...

Most observers agree Alito has the intellectual mettle for the post. Quarrels over his capacity will therefore not be front and center in the debate. The direction Alito will take, as found in his past decisions and actions will be the vanward territory for exploration. Much political gold will be made of how Alito may tip the Supreme Court one way or the other, and the politics of fear will be front and center. We thus predict that Alito will survive, but not without a little blood being spilled, mostly after the fact.

The net result will be the Alito will be confirmed, and partisans on both sides will use the appointment for immediate political gain. The appointment will be most upsetting to the left, and thus most useful for the left.

Of course we reserve the right to edit this blog post after the fact. Our technical staff says it won't be hard, but we'll need to alter some date stamps on the files... ...well you get the idea.

With Alito, Kennedy would have pivotal role - On contentious issues, justice's vote would be decisive, scholars say - By Charlie Savage, Globe Staff November 4, 2005 WASHINGTON -- The confirmation of Samuel A. Alito Jr. to the US Supreme Court would make Justice Anthony Kennedy the court's swing vote... READ MORE

Politics are Key in Alito Nod - Dan AnixtDan AnixtBy Published:
Tuesday, November 29, 2005 - Adrienne Gaffney's op-ed "No Real Case Against Alito" presents the rather idealistic view that politics does not or should not play into the Senate confirmation process for the Supreme Court. Specifically, that Alito's views, including his unequivocal stance that abortion is not protected by the Constitution, should not bar him from confirmation. However, such sentiments belie the fact that the Senate does, and should, in my opinion, take the viewpoints of nominees into consideration in the confirmation process. Particularly when a nominee maintains extreme positions on the rights of criminal defendants, civil rights, voting rights, the extent of the Commerce Clause and, yes, abortion. - READ MORE

SURPRISE BONUS- Posner on Avian Flu

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