Supreme Scalito

It's Alito, Samuel Alito, a judge on the Third Circuit. Patterico was prepared, defending Alito yesterday. And Judge Alito has a long and strong record on which to rely, including 15 years on the Federal bench. From Patterico and others, here's the top three arguments favoring confirmation:

1. CNN's description: "Legal experts consider the 55-year-old Alito so ideologically similar to Justice Antonin Scalia that he has earned the nickname 'Scalito.'"



2. Alito himself: Dissenting in the abortion rights case that ultimately became Planned Parenthood v. Casey at the Supreme Court, when reviewed by the Third Circuit:

   It is apparent that the Pennsylvania legislature considered this problem and attempted to prevent Section 3209 from causing adverse effects by adopting the four exceptions noted above. 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.

   Booyeah!



3. Senator Charles Schumer's (D-NY) reaction:

   It is sad that the President felt he had to pick a nominee likely to divide America instead of choosing a nominee in the mold of Sandra Day O’Connor, who would unify us.
   
   This controversial nominee, who would make the Court less diverse and far more conservative, will get very careful scrutiny from the Senate and from the American people.

The problem with O'Connor was her unwillingness to set clear precedent. Chuck Schumer says Alito's no O'Connor. Rather, like Scalia, he understands the judiciary's Constitutional role better than certain gad-fly Senators. That's good enough for me.