Liberal critics and many media outlets have spewed tons of misleading stuff about Judge Samuel A. Alito Jr., particularly about his supposed views on abortion and about the significance of two Sandra Day O’Connor opinions disagreeing with prior Alito opinions. So here’s some straight stuff.
The claims that Alito is a "far-right activist" are laughable, except to far-left activists. He richly deserves the praise that he has received from colleagues and friends across the political spectrum for his powerful mind, intellectual honesty and fairness.
The American people will figure this out. Any effort to filibuster Alito seems likely to fail, and likely to backfire against Democrats. So, the Senate will confirm him by 60-40, give or take five votes, I’d wager. Most of the no votes (and, alas, many of the yes votes) will reflect political posturing and herd instincts rather than careful analysis.
Once installed in Justice O’Connor’s seat, Alito will be an exceptional justice. His rulings will probably be congenial to the broad middle of the electorate. He will be to the right of O’Connor – that is, the O’Connor of recent years, who has been markedly more liberal than she was before 1991 or so. Alito will probably be to the left of Antonin Scalia, albeit with less of a libertarian streak. He will be well to the left of Clarence Thomas, and far more respectful of precedent.
Alito will try as hard as anyone – and far harder than O’Connor – to be intellectually honest and analytically rigorous, and to keep his political preferences out of his legal rulings. He will therefore disappoint the most passionate political conservatives and horrify many liberals.