Tuesday, November 01, 2005

The Trifecta

It looks like Alito is sporting the conservative trifecta of judicial values: animus toward women's rights, a heart warming embrace of illegal search and seizure and, as might be expected from any Bush nominee for anything, a anti-environmental bent. Via the UnCapitalist Journal, ENS is reporting that Alito has a rather unpleasant disregard for citizens trying to bring compliants to court for violations of the Clean Water Act.

In a 1997 ruling before the Third Circuit, Alito joined a 2-1 ruling that restricted citizens' access to court under the Clean Water Act even though the Act allows “any citizen” to bring a “civil enforcement action” against a polluter. In 2000, the Supreme Court reversed the decision by 7-2, with, naturally, Scalia in the dissent, claiming that the plaintiff did not demonstrate personal injury but only injury to the environment. No wonder the nominee's nickname is "Scalito."

But more amusing than this, because that is not really amusing or surprising at all, was Focus on the Family chairman, James Dobson's reasoning as to why Alito must be a good candidate:
Perhaps the most encouraging early indication that Judge Alito will make a great justice is that liberal senators such as Harry Reid and Charles Schumer and leftist pressure groups such as People for the American Way and Planned Parenthood have been lining up all day to scream that the sky is falling. Any nominee who so worries the radical left is worthy of serious consideration.
Is this now how we are to believe that Bush's nominees are chosen? Is this the extant criterion by which nominee suitability is judged by the radical right? Maybe. Dobson was initially rather dubious about the Miers' nomination and now we know why: because it wasn't the Democrats who weren't howling about it, it was the radical right. If this is now the GOP standard for Supreme Court nominees, things are going to get ugly fast. Talk about lowering the judicial nominee bar.

And as I've said before, it sure looks like Plan 1) is in operation.


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