Alito's Way

As always the most difficult chore in selling a conservative judge to the public is explaing how upholding a badly written, or unpopular law, is the right thing to do. This takes more than a sound bite. This takes participation... thinking, on the part of those being persuaded.

Alito was the lone dissenter in the case of Planned Parenthood v. Casey. The law in question stated that a woman must notify her spouse before seeking an abortion, unless special circumstances made this notification an "undue burden" or dangerous. This case will no doubt be the major rallying point for those who wish to thwart this nomination.

In writing his position Alito Stated:

"Whether the legislature’s approach represents sound public policy is not a question for us to decide. Our task here is simply to decide whether Section 3209 meets constitutional standards."

This is a man who understands the role of the Supreme Court.

(Patternico's Pontifications goes into detail here: http://patterico.com/2005/10/30/3872/alitos-dissent-in-casey/)

Back in the 80's I remember reading in the National Review how a great debate was coming with the Bork nomination... How the brilliance of Robert Bork would come shining through and the liberals in the Senate would be exposed... Mmm Hmm. As it turned out Kennedy's outlandish rhetoric and Biden's feigned inability to understand what-in-the world the good judge meant!!! was far more effective. We've heard the same from today's conservatives who call for a grand examination of the Courts role in governing, and how Mier's wasn't the one to lead it. But I would suggest that if Robert Bork couldn't pull it off then perhaps intelligence and truth is over-rated in the process.

For those of us who watched the Bork hearings it is painfully obvious that being a constitutional scholar is not enough in the politicized atmosphere of Judicial hearings. Charm, an ability to communicate complex legal theory, and a talent for defusing emotionally charged rhetoric is unfortunately a prerequisite for success... at least for strict constructionists. Does Alito have these attributes and abilities?

I think we will learn early-on in the Judiciary proceedings how the Democrats on the committee and in the press will play it. If they see an opening to "Bork" Alito then I believe they will proceed with a grave manner that will all but mask their enthusiasm. But much of the process is in the hands of Alito himself... in his "way"... his manner... in his ability to communicate.