On Halloween, Bush frightened liberals of all persuasions.
The White House picked the highly conservative federal appellate judge Samuel Alito Jr. to replace the moderate Sandra Day O'Conner on the U.S. Supreme Court Monday. The nomination represents the worst fears of liberals but has largely pacified Bush's base, which was in open revolt over Harriet Miers's flawed nomination. A bruising, hyper-partisan charged Senate conformation hearing awaits the new nominee.
Alito's nomination crystallizes Bush's vetting process for important posts. The Miers pick represented his reliance on cronies. This pick is simply Bush pandering to his political base. Maybe Miers's unqualified selection was an attempt at low-balling his political opposition. She was offered up as a sacrificial lamb in order to ensure his next pick wouldn't be subjected to the venomous objections seen in her case. But neither was in the nation's best interests, and the Senate should reject Alito on those grounds.
Regardless of tactical considerations, the bottom line is Alito's selection represents the fundamental change Bush - and the right wing - look to implement on the overall makeup of the court. Though they denounce judicial activism, the same standards don't apply when it is a means to an end that they desire. Their vision of the perfect Supreme Court cedes decision-making power to the states except when it doesn't fit their agenda. Hence the proposed Constitutional ban on gay marriage.
Alito has drawn comparisons to the conservative stalwart Antonin Scalia. He has ruled against abortion rights while ruling in favor of employers in disability and race discrimination suits. He has shown an inclination for usurping the federal government in favor of states' rights where applicable. If confirmed, Alito will form a cohesive block of votes on political issues comprised of Scalia, Clarence Thomas and the newly appointed John Roberts that will vote to strike down hard-fought reforms liberals hold dear.
Further clouding the nomination is Alito's role in the Republican political machine. The time between 1985 and 1987 found Alito working as the deputy assistant to Ronald Reagan's Attorney General Ed Meese, which put him right in the middle of the Iran-Contra scandal. At best he was a witness, at worst a participant in the crimes involving the Department of Justice. Meese resigned while under investigation himself.
The special prosecutor investigating the Iran-Contra scandal never singled out Alito for wrongdoing. His boss wasn't as fortunate, but his relationship with those involved should bring pause. It's indicative of Republican political considerations super-ceding matters of the law, and in turn, justice. It's a mindset that caused Nixon, Reagan and both Bush administrations to become plagued by scandal.
Alito's nomination success hinges on the bi-partisan gang of 14 moderate Senators that came together in a filibuster compromise earlier this year. But this group will likely fracture and a long, drawn out conformation hearing will result. Now, the nation can look forward to a Clarence Thomas-type hearing on steroids. Are you scared yet?
