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.
Do you believe that either the United States Congress or the states can regulate the sexual behavior of individuals within the privacy of their home?
Judge John G. Roberts Jr. will "strictly apply the Constitution and laws, not legislate from the bench," President Bush said Tuesday night in announcing his Supreme Court nominee. "Strict constructionist" was on the lips of many Bush-Roberts supporters confident that Roberts is no "judicial activist."
For an old ranching girl, you turned out pretty good," President George W. Bush told Sandra Day O’Connor when she spoke to the White House last week to say that she was retiring from the Supreme Court. The image of O’Connor as cowgirl is a powerful one, and she has done as much as anyone to foster it. In her chambers, decorated with Western rugs and paintings and artifacts, she served her clerks homemade Tex-Mex lunches on Saturdays. With her fixed and level gaze, her dry, flat voice cutting l
For an old ranching girl, you turned out pretty good," President George W. Bush told Sandra Day O’Connor when she spoke to the White House last week to say that she was retiring from the Supreme Court. The image of O’Connor as cowgirl is a powerful one, and she has done as much as anyone to foster it. In her chambers, decorated with Western rugs and paintings and artifacts, she served her clerks homemade Tex-Mex lunches on Saturdays. With her fixed and level gaze, her dry, flat voice cutting like the prairie wind, she came across to nervous Supreme Court petitioners like an Annie Oakley of the Bench, a fast draw with sharp questions and a don’t-mess-with-me manner. Her most memorable writing was not the language of her judicial opinions but her memoir of growing up on a ranch, the Lazy B. In her retirement, she will work on a children’s book about her childhood horse, Chico.
The president’s favorite judge had scornfully denounced as "illegitimate" dozens of the "most significant constitutional decisions of the past three decades," as well as others going back to the 1920s. He had excoriated "the modern, activist, liberal Supreme Court" for rulings that recognized rights to abortion, contraception, and other aspects of the "right to privacy"; struck down governmental discrimination against women; outlawed official endorsement of religious symbols; required "one person, one vote"; banned poll taxes; and protected sexually explicit speech.
On June 27, as the Supreme Court ended its term amid rampant speculation about 80-year-old Chief Justice William Rehnquist’s future, his 75-year-old colleague Sandra Day O’Connor was continuing to inch away from her "conservative" past.
Right-to-life conservatives and right-to-die liberals have about exhausted their rhetorical arsenals, with the former calling the latter secularist killers and the latter calling the former hypocrites, theocrats, and (gasp) tramplers of states’ rights. Meanwhile, many in the media who gleefully trumpeted how Terri Schiavo’s case had turned rule-of-law conservatives against right-to-lifers have noticed with disappointment that it also had turned disability-rights activists, and liberal lions Jesse Jackson and Sen. Tom Harkin, D-Iowa, against the right-to-die crowd.
The constitutional argument advanced by Senate Republican supporters of the so-called "nuclear option" to end Democratic filibusters of President Bush’s judicial nominees — which is that any nominee who has majority support must be confirmed — is weak.
The birthing process was protracted, ugly, and unprincipled. But the baby doesn’t look as bad as expected. And it may do OK unless it’s strangled in its crib by Congress or abused by the judiciary.
A lot of liberals, and a lot of conservatives, think that President Bush is speaking in code when he says he would nominate to the Supreme Court "strict constructionists" who would "faithfully interpret the law, not legislate from the bench."
