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Alito, Conservative Libertarian and Rush Limbaugh

The New York Times Saturday reports that Judge Alito is a "conservative libertarian," one of a growing number of judges who rule in favor of First Amendment rights but take a much dimmer view of consitutional guarantees designed to protect the criminally accused:

Judge Alito's broad reading of the freedom of speech and press clauses of the First Amendment stands in contrast with his narrower interpretation of other constitutional rights, including the Fourth Amendment's prohibition of unreasonable searches and the Sixth Amendment's guarantees of fair trial rights for criminal defendants....Judge Alito has exhibited little patience for the First Amendment claims of prisoners.

Right after I read this article, I happened upon an article in the Palm Beach Post reporting that Rush Limbaugh had another hearing Wednesday at which his lawyers argued that his medical records and communications were privileged and could not be used to support a charge of doctor shopping against him.

Circuit Judge David Crow listened to arguments Thursday regarding whether Florida Law allows for investigators to question Rush Limbaugh's doctors and other medical professionals.

You can bet that if Rush loses in the Florida court and gets indicted and convicted, he will appeal all the way to the Supreme Court. One would think that a potential defendant before the Supreme Court would not want a judge like Sam Alito deciding his case. He is just not defendant-friendly. Rush doesn't get it. He loves Alito. Rush was positively euphoric when he was appointed:

This is fabulous. We’ve got a male. We have a married male. He’s European. He is anathema to the libs on this, folks. He is anathema to them. The exact opposite of what they were hoping for, and this is fabulous.

Here's Rush on November 1:

LIMBAUGH: You notice how wishy-washy these Dems are on prosecutors? Prosecutor comes along and indicts Scooter Libby, they love! Why, that's "a prosecutor's prosecutor." Now all of a sudden here's Alito, who the Democrats have voted for a hundred to zip twice in the U.S. Senate. He's a lousy prosecutor! Now they're going after -- "Maybe he's got mob ties." That's the purpose of the document. "Maybe he's got mob ties. Alito? Scalito? Lucchese? Maybe he let these guys off, maybe he did