No Ducking, this time...
Well, in nominating Judge Alito, President Bush has, at last, delivered on his promise to appoint a judge in the tradition of Scalia. And from the screaming being done by numerous on the left, it appears that the Gang of 14 may be tested, and perhaps even the Constitutional Option, before it's over.
Judge Alito appears to have the history, as well as the training and demeanor to be a good conservative -- but not extreme -- nominee to the bench. Moreover, having been twice confirmed by the Senate in the past, they will have some difficulty trying to defame him this time. SCOTUSblog notes that,
Judge Alito would energize the President's conservative supporters. But he would not be as much of a fight as the others. Luttig and Owen, in particular, raise the serious prospect of a filibuster and it seems unlikely in the current environment that the Administration is anxious to have that fight.I'm not so confident that a filibuster will be avoided, but if it occurs, I think -- and hope -- that it will be rapidly shut down by the Constitutional Option that has been too long side-stepped.
The time for mere posturing is long over; the time for defending the Constitution, as required by each Senator's Oath of Office, is at hand. Let your Senator know what you expect.
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