by TChris

Before and during the Roberts nomination to the Supreme Court, Arlen Specter seemed quite concerned about the limits of judicial power. In particular, he thought the Court had overreached in limiting or striking down legislation enacted by Congress, including the Court's decision declaring unconstitutional a portion of the Americans With Disabilities Act that prohibited state governments from discriminating in employment on the basis of disabilities.

Sen. Specter seems to be satisfied with Judge Alito’s views on abortion after quizzing him today. But why isn’t Specter asking Alito the very question that consumed him earlier this year -- whether Alito respects the authority of Congress to legislate?

Alito doesn't think Congress has the power to regulate machine-gun possession, or to broadly enforce the Family and Medical Leave Act, or to enact race or gender discrimination laws that might be effective in remedying race and gender discrimination, or to tackle monopolists. Alito thus neatly joins the ranks of right-wing activists in the battle to limit the power of Congress and diminish the efficacy of the judiciary.

Will Specter ask Alito why he voted to strike down the Family and Medical Leave Act as it applies to state governments -- a position that was too extreme even for former Chief Justice Rehnquist? Is Specter still interested in ferreting out adherents of the Constitution in Exile movement, who believe courts should strike down a variety of health, labor and environmental laws as beyond the scope of congressional power? Why is Specter suddenly silent on these issues? (More on Alito’s record of judicial activism here and here.)