Category Archives: Law: The Supremes

Geoffrey Stone, The University of Chicago Law School Faculty Blog: Why the Senate Should Not Confirm Samuel Alito:

Judge Alito is a smart, experienced, and knowledgeable jurist. I have no doubt of his legal ability. I do not share either his judicial philosophy (apparently a mixture of quasi-originalism and social conservatism) or his views about many issues likely to come before the Supreme Court (ranging from the right to privacy to federalism). In such circumstances, I ordinarily would support his confirmation. On balance, the Senate should give more weight to excellence than judicial philosophy, and that is why I endorsed the confirmation of John Roberts.

…

Whatever else Judge Alito may or may not have made clear about his views on such issues as abortion, federalism, and religious freedom, he has certainly made clear that he has no interest in restraining the acts of this commander-in-chief. That, in my judgment, poses a serious threat to the nation, and is a more than adequate reason for the Senate – Republicans and Democrats alike – to deny his confirmation to the Supreme Court of the United States.

Tell me again that this is a done deal?

No, not Sam Alito. Edward Lazarus, author of the clerks’ tale telling book “Closed Chambers,” who appeared recently on the Daily Show.

And Jon Stuart asked him about Weiner v. US (!) I actually teach that case….

I mentioned before that the anti-Alito case would have three legs: Roe/women’s issues, “he’ll say anything to get a job,” and life-long spear-carrier for the imperial presidency.

Now Senator Kennedy sets out the case on the second issue: Alito’s Credibility Problem. And of course links it cleverly to the other two issues as well.

William Saletan’s Right to Wife – Why does Judge Alito treat women like girls? sets out one of what I think will be the three big narratives opponents try to hang on Judge Alito. The other two, of course, will be “he’ll say anything to get a job”, and “lifelong apologist for the Imperial Presidency“. Whether even all three together can get sufficient traction to derail the nomination is not clear to me; it seems unlikely that any can do it alone, but if all three get some traction, it may be an interesting fight.

Lynn Nofsziger: “Conservatives are pleased with the president’s selectiion of Samuel Alito for the Supreme Court. For them Alito bit goes a long way.”

Marble chunk falls from Supreme Court facade: WASHINGTON (AP) — A basketball-sized piece of marble molding fell from the facade over the entrance to the Supreme Court Monday, landing on the steps near visitors waiting to enter the building. …

The marble was part of the dentil molding that serves as a frame for sculptural figures. The piece that fell was over the figures, near the peak of the building, and to the right of the figure of Liberty, who has the scales of justice on her lap.

This isn’t such great symbolism either:

The fallen marble lay directly in the center of the path up to the court entrance.

The 70-year-old Supreme Court building is undergoing a $122 million, five-year renovation project, although it is unclear whether the accident was related to that work. The project includes an underground two-story police station.