Wednesday, November 02, 2005

Samuel Alito

Samuel Alito is, without question, most certainly qualified for membership on the Supreme Court based on his education and experience. He is also, without question, less than desirable as an Associate Justice based on a glimpse of his personal belief system which, his protestations to the contrary have, can and will color his deliberations.

His comments regarding settled law are fine for an appellate judge but surely he realizes that precedent, while certainly a desirable goal when considering the continuity of the law, has not been sacrosanct in the deliberations of the Supreme Court in the past.

Were that the case, blacks (and other people of color) would still be nonentities without the right to vote or indeed, the right to be free. Women would not have the right to vote and be relegated as little more than chattel of their husbands. Indeed, only caucasion land owners would have the right qualifications.

So please spare me the claims of "original intent" when it is painfully obvious that a large portion of "original intent" discriminated against large portions of the people then residing in the United States. As for devining what the "original intent" of the Founders were, can anyone truly say that they know, beyond question what another is thinking? It is virtually impossible to know with any degree of certainty what your spouse, significant other or best friend is thinking, let alone have any significant insight into the thoughts and beliefs of the Founders based on their anonymous writings and letters of the day.

Suffice it to say that if the Founders had intended the Constitution to be a "finished" effort, not requiring further consideration they would not have enabled a manner through which it could be modified.

As for the republican mantra of Alita deserves a fair up or down vote, I would simply remind that it was they who torpedoed the Miers nomination. Make no mistake about what they mean by "fair up or down vote" quite simply they mean that as long as they are satisfied with the nominee then that is all that matters.

Should Samuel Alito be confirmed as an Associate Justice? His experience and education say yes while his interpretation of the law seem to indicate otherwise. In any event, he deserves not only a hearing where his judicial philosophy can be investigated, but we the people and our elected representatives in the US Senate deserve his answers to be totally forthcoming and candid. Then, when he has answered every question to the satisfaction of the senators, and the people, then and only then should his nomination be sent to the floor of the senate for a fair up or down vote and not one minute before!

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