IS THE ALITO CONFIRMATION STRATEGY A GOOD THING?
By Christopher G. Adamo
From their diatribe, we must assume that this great country was founded on the noble principles of Church/state separation, privacy rights for terrorists, same-sex “marriage,” and, of course, the unrestricted slaughter of the unborn.
Republicans, in response, strenuously countered by claiming that Sam Alito is not really such a bad guy, and that it cannot be said with certainty that he would indeed pose any threat to those time-honored American institutions for which Democrats so fervently stand. Rather than merely refuting such bilgewater, Alito apparently must refrain from offering any solid information that might validate Democrats' fears.
Instead of boldly repudiating the very premises of Liberal Leftist judicial philosophy, present strategy has determined that Alito’s only means of reaching the high bench is to steadfastly avoid proving himself to be just such a worthy nominee.
Thus far, Alito is displaying his intention to achieve this by running the gauntlet of these hearings without stepping out of the bounds laid out for him by his Republican coaches. This is not to say that he is anything less than a sterling candidate for the nation’s highest court. Clearly, his answers to the partisan Democratic inquisitors frequently stopped them dead in their tracks.
And granted, his successful confirmation appears to be extremely likely. But as a result of the current approach, it is liable to be increasingly difficult for each subsequent nominee to navigate through the confirmation process.
Furthermore, the very question of the true purpose of the confirmation process, so clouded and obscured in the minds of many Americans, will be left unanswered as a result of this, its latest iteration. In a sense, these Senate hearings are themselves becoming somewhat reflective of the decision-making engaged in by the courts in which no constitutional premise is ever directly confronted or clarified.
And, like so many questions that have been left hanging by recent Supreme Court non-decision rulings, the willingness of Senate Republicans to play by Democratic rules will, despite Alito’s confirmation, allow the Democrats to remain in charge of the play book. Eventually, they will close any loopholes in the process to the point that no pro-Constitution jurists need apply.
Perhaps the biggest tragedy to result from the Harriet Miers nomination and withdrawal last Fall was that those on the Right were largely sidetracked from the most important issue at hand, which is the necessity of justices on the nation’s high courts to unwaveringly uphold the word and intent of the United States Constitution.
Having legitimate doubts as to Miers’ willingness to steadfastly uphold the U.S. Constitution, Conservatives sought to derail the her nomination on the basis of her lack of a worthy academic “pedigree.” Though this tactic was admittedly successful, it too completely dodged the real factors that should determine a nominee’s worthiness.
Other members of the Supreme Court, such as Steven Breyer and Ruth Ginsburg, indeed possess esteemed credentials. And both were confirmed with relative ease, despite unabashedly bringing with them an ideological agenda, codified in a series of Liberal “litmus tests.”
Were Sam Alito, rather than dodging Democrats' potshots, to relentlessly confront those Liberal Democratic “litmus tests” by invoking the constitutional principles they clearly violate, he could go a long way towards ensuring their eventual extinction in the confirmation process.
Such an approach would not, in any way, violate the rule against announcing a judicial decision ahead of a particular case. Rather, it would promise to the Senate, and to America, that unconstitutional laws and principles, if invoked in his court, will be rebuffed as such.
The alternative can plainly be seen in the Alito confirmation circus, both within the Judiciary Committee and in the full Senate. Although Republicans in general, and Alito in particular, have shown themselves to be extremely adept at jumping through the hoops presented to them by the Democrats, standards for Republican nominees will no doubt continually be raised.
Conversely, if not called on the carpet for such antics by Republicans who clearly have the power to do so, deference to Leftwing Liberal philosophies will continue as a requirement for judicial nominees.
It is imperative that the confirmation process be overhauled prior to that dark day when judicial nominees are once again selected by a Democratic president.
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Christopher G. Adamo is a freelance writer who lives in southeastern Wyoming and works in the field of industrial instrumentation.
He is actively involved in Wyoming's political process, serving as a delegate to successive Wyoming State Republican Conventions
and as a member of the Wyoming State Republican Central Committee. He has assisted Republican candidates for local and state
legislatures and for the United States Congress. His articles, which appear regularly in The Progressive Conservative, U.S.A.,
and on a number of other websites, reflect a major concern with the damage being done to Conservatism and Conservative causes by
the Liberal Leftist faction in the Republican Party as well as by the much larger and more powerful Liberal Leftist faction in the
Democratic Party. During the early and middle 1990s, Adamo was Editor of the Wyoming Christian Coalition's official news organ,
The Wyoming Christian.
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