Monday, October 31, 2005

"SCALITO" ISN'T A STEALTH PICK

As of about 6:00 a.m. EST, 3rd Circuit appellate court judge Samuel Alito was reported to be President Bush's nominee for the O'Connor seat.

Often referred to in legal circles as "Scalito" or "Scalia Light," Judge Alito is a known conservative. Alito's most controversial decision appears to be his dissent in Planned Parenthood v. Casey, in which Alito argued for upholding a spousal notification provision as a valid prerequsite for an abortion.

Alito, of course, has an Ivy-League pedigree and a fifteen year record on the 3rd Circuit. The elitist right will instantly rally around Alito.

Bush's pick means that he has abandoned the stealth strategy. He will be criticized as playing to the hard right base. However, Alito's long record as an appellate justice will make him harder to block than other often-cited potential picks, such as Judge Brown, Judge Owen and Judge McConnell. That doesn't mean he's got enough votes for confirmation among the wobbly moderate Republicans, but Alito will pull in some votes from the Democrats.

Get ready for subtle bashing on Alito's Catholic faith and Bush's failure to make an "Affirmative Action" pick for the O'Connor seat.

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