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Alito Confirmed By Second Slimmest Margin in History

By Jeralyn, Section Sam Alito
Posted on Tue Jan 31, 2006 at 09:05:47 AM EST
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Judge Sam Alito has been confirmed to the Supreme Court. The vote was 58 to 42. The only confirmed justice to receive fewer favorable votes was Clarence Thomas.

In an e-mail, People for the American Way states that SavetheCourt generated 600,000 faxes and e-mails to Senators in just the past several days.

In my Scoring Scotus column today at Altercation, I talk about the impact that efforts by bloggers and activists had on the Democratic leadership, and what it portends for 2006 and 2008.

In his floor comments opposing Alito today, Senator Harry Reid lamented the rejection of Harriet Miers and blamed the radical right. I agree with him. Miers would have been far preferable to Alito. And she never even got to have a hearing, much less an up or down vote. (no link yet, received by e-mail.)

The fact is, Judge Alito became President Bush's candidate to replace Justice Sandra Day O'Connor only after the radical right-wing torpedoed the nomination of White House Counsel Harriet Miers and insisted that someone with Sam Alito's ideology be put forward in her place. That is how Judge Alito "got here."

I continue to believe that Harriet Miers received a raw deal. She is an accomplished lawyer, a trailblazer for women and a strong advocate of legal services for the poor. Not only was she denied the up-down vote that my Republican colleagues say every nominee deserves, but she was never even afforded the chance to make her case to the Judiciary Committee.

I believe that radical elements in the President's own party demanded that Miers withdraw not because of her lack of judicial experience as some claimed, but because they were insufficiently confident she would support their extreme agenda. The right wing's distrust of Harriet Miers, and their immediate elation when Judge Alito was named, raised my suspicions on the day he was nominated.

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    Alito Confirmed By Second Slimmest Margin in History | 23 comments (23 topical)
    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#1)
    by Edger on Tue Jan 31, 2006 at 09:35:03 AM EST
    Why is it that everything bush does, including his performance in the 2000 and 2004 elections, and now in getting alito confirmed, happens by the "slimmest" margins. The guy was credited with only enough votes in both elections to give him a margin smaller than the average margin of error in public opinion polls. This alone should be enough to cause people to say "Stop, children, what's that sound? Everybody look what's going down."

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#2)
    by jimakaPPJ on Tue Jan 31, 2006 at 09:46:45 AM EST
    edger - Try this one. "All it takes is one." You know, like it or not, and I don't know if I will like it, Bush has changed the SC and likely the direction of the country for the next 50 years. Dumb old W. Not the brightest bulb on the tree, W. Can't speak in words understandable by blue staters Geroge. Who would have thought it? In the meantime, democracy marches on.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#3)
    by Edger on Tue Jan 31, 2006 at 09:51:18 AM EST
    Jim: "All it takes is one." Is that the "one" referred to in the old saw "People get the government they deserve"? ;-) Maybe we both better have a "chat" with this "one". Out back? In the alley behind the bar?

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#4)
    by Dadler on Tue Jan 31, 2006 at 09:56:34 AM EST
    And on the same day that we lost Coretta Scott King. A sad one indeed. Peace to her family. Remember the good Dr. and his wife, Justice Alito, and all they stood for. Remember them well. Please.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#5)
    by glanton on Tue Jan 31, 2006 at 09:59:24 AM EST
    Underground railroad, anyone?

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#6)
    by Edger on Tue Jan 31, 2006 at 10:02:22 AM EST
    glanton, what time's the next train come by? I'll bring the whisky... you bring the guitar... we'll recruit the singers along the way...

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#7)
    by glanton on Tue Jan 31, 2006 at 10:12:31 AM EST
    edger, Many of us will be there when the time comes. In the meantime, let us raise our glass in acknowledgement of yet another victory for the slave states. A lot of time has passed, but to paraphrase Zeppelin, the map remains the same.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#8)
    by Talkleft Visitor on Tue Jan 31, 2006 at 10:13:24 AM EST
    42 votes was enough to sustain a filibuster. Yesterday's vote is the one that could have stopped Alito and any Senator who voted 'No' today but voted to end the filibuster yesterday is playing a trick on us. Do not send those Senators money or support based on any claim they opposed Alito.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#9)
    by Talkleft Visitor on Tue Jan 31, 2006 at 10:23:33 AM EST
    58-42, which means that 17 Senators who opposed this nomination still had the good sense to also oppose a filibuster. There's hope after all. Now if they can just convince the other 25 to work toward a moderate position that will actually win national elections, rather than constantly claiming that everyone agrees with the hardcore wangnuts, we might get to a point where "mainstream" actually means something again and be able to elect someone who can then appoint mainstream judges. Demonize him all you like, but Bush gave his voters exactly what he said he would give them, and Alito isn't as bad as you want to make him out to be. It could have been much worse.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#10)
    by Edger on Tue Jan 31, 2006 at 10:25:26 AM EST
    For Coretta Scott King, and Martin:
    If my words did glow with the gold of sunshine And my tunes were played on the harp unstrung, Would you hear my voice come thru the music, Would you hold it near as it were your own? --Grateful Dead


    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#11)
    by Talkleft Visitor on Tue Jan 31, 2006 at 11:58:51 AM EST
    Papa gives us Thomas. Jr. gives us Alito. Nice family legacy.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#12)
    by chemoelectric on Tue Jan 31, 2006 at 12:19:39 PM EST
    There is no sense in fretting about the failure of the Miers nomination: it was doomed before it happened. It simply meant we would have to wait longer before finding out what creep would get the 'real' nomination.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#13)
    by Talkleft Visitor on Tue Jan 31, 2006 at 12:43:32 PM EST
    ALITO CONFIRMED!! Calling conservatives & their nominees "extremists", you simpletons just don't get it. (Why am I not surprised?.) G.W. received a majority of the votes in BOTH elections which means the majority of the voters in this country agree with his conservative agenda, like it or not. Hence, conservatism today is "mainsteam" and you liberal nutjobs are the "extremists". Helloooo, time to wake up & smell the coffee! But since you liberals haven't realized this since 2000, I'm sure you're not going to get it now. To say that I'm enjoying watching you liberal losers getting a thorough shellacking is the understatement of the new millenium!! Now if Ginsberg would just retire.... G.W., Cheney, Rove, Rumsfeld, Rice, & Limbaugh forever!!! Mwahahahahahaha..... "Sam Alito is a brilliant and fair-minded judge who strictly interprets the Constitution and laws and does not legislate from the bench. He is a man of deep character and integrity, and he will make all Americans proud as a justice on our highest court," - President George W. Bush

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#14)
    by Patrick on Tue Jan 31, 2006 at 01:16:38 PM EST
    What's that they say in sports...Whether by one or a hundred, it's in the win column, and they all look the same.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#15)
    by Talkleft Visitor on Tue Jan 31, 2006 at 01:38:18 PM EST
    Ahhhh, let me handle this.......... (In my most serious TL voice) Captainconservative you are limited to no more than four posts per day, yada, yada, yada.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#16)
    by Molly Bloom on Tue Jan 31, 2006 at 01:46:04 PM EST
    G.W. received a majority of the votes in BOTH elections which means the majority of the voters in this country agree with his conservative agenda
    I don't know what planet you are on, but here on earth AL GORE got the most votes in 2000- meaning a majority of the country agreed with him and the Democrats. Further Al Gore got more votes in Florida. 40,000 ballots were marked for Al Gore and had Al Gore written in. There is no mistaking how those voters intent or wishes.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#17)
    by Edger on Tue Jan 31, 2006 at 01:53:39 PM EST
    captainconservative1, There is need to shout. Some of us noticed, simpletons though we are. Ummm, there were even some rumours earlier in this thread I think, about someone named alito... weren't there?

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#18)
    by Talkleft Visitor on Tue Jan 31, 2006 at 02:11:42 PM EST
    I believe it was Harriet Miers that denied Harriet Miers an up or down vote. Republicans showed much more class in voting for Ruth Bader Litella. Only three Republicans voted against her confirmation. The swing from Byron White to RBG was much more of a change in the court than from Sandra Dee to Sammy the Bull Alito. Democrats look like the losers that they are. Jimbo

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#19)
    by rdandrea on Tue Jan 31, 2006 at 02:35:26 PM EST
    captainconservative1: if you're gonna troll, at least get it right. The word is "misunderstatement"

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#20)
    by ras on Tue Jan 31, 2006 at 02:50:22 PM EST
    I suppose an alternative headline to this post would be "Alito Confirmed Despite Most Partisan Opposition Ever." Congratulations to Justice Samuel Alito. Interesting that the Dems had 42 votes - sufficient to sustain a filibuster - but flat-out refused to do so. Keeping their powder dry, I guess. With Kennedy the new swing justice, it's a good time to note that on controversial 5-4 decisions where the left/right split matters most of all, 2/3 of those decisions were "liberal" with SDO and Kennedy taking turns, about equally, voting with the libs. So half of those, or about 1/3 of all close decisions were because of SDO herself. If Alito is consistently conservative, then SDO's 1/3 goes conservative, meaning a total of 2/3 conservative victories in the future. In other words before Alito: 2/3 liberal victories after Alito: 2/3 conservative victories Conservatives get twice as many victories as before. Dems get dry powder.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#21)
    by jimcee on Tue Jan 31, 2006 at 05:02:21 PM EST
    Cap't Con, You don't need to post in all boldface type because no one pays attention to it because it is off-putting, bub. And you others, stop with the 'underground railroad' silliness (although my old house was used by the URR) and please the '70's rock references are just codger-esque. You're making me feel old there fellas. Molly, Living in the past only puts you in the past and it is better for the Left to think about the future. There are elections to be won (or lost) and dwelling in the past isn't going win them. Corretta Scott King, RIP. Free at last, free at last.....

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#22)
    by roger on Tue Jan 31, 2006 at 05:24:40 PM EST
    I hate to agree with ras.........

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#23)
    by pigwiggle on Wed Feb 01, 2006 at 08:07:01 PM EST
    Thought you all know Alito? He split with every 'conservative' justice on his first case; stay of execution.

    Alito Confirmed By Second Slimmest Margin in History | 23 comments (23 topical)