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Dems Pollute Advice and Consent

By Warner Todd Huston

January 16, 2006


Well, Judge Alito's torturous confirmation hearing is over and there is nothing left but for the fat, drunken swimmer to sing. But, what was the chief outcome of the Senate's deliberations? Was it a serious consideration of a presidential nominee? Was it a fulfillment of the Senate's Constitutional duties to give the president their “advice and consent” on his nomination?Unfortunately, the answer is no.

 

All we got out of the Senate was merely low road, mud slinging by partisan hacks, and commonplace political operatives. So much for the most deliberative body in the world!

 

The Democratic Party has destroyed the concept of advice and consent and turned it into a platform for attacking the their political opponents in particular and the president in general quite regardless of any nominee. The Senate Democrats had no intention to hear from Judge Alito and no intention to deliberate on his fitness for the Supreme Court. Their minds were already made up by their far left supporters because of the money those Lobbyists supplied to them and their campaigns.

 

This all might sound harsh, but it really isn't. Few Supreme Court nominees since the day we formed the Republic have received as stiff a resistance at the hands of Democrats as did Judge Bork (in the 80's), Judge Roberts (a few months ago in 2005), and now Judge Alito; all nominees by Republican Presidents. Conversely, the Republicans have never taken such a low road with a nominee.

 

Even the far left record of former ACLU Lawyer, Ruth Bader Ginsburg, did not cause the Republicans to use the platform of the confirmation hearings to sling partisan mud. This wasn't just the Republicans of the 1990's being "nice", though, but an observance of the tradition that a president should get the nominee that he wishes to place on the court, barring that the nominee is especially egregious. And, if you don't imagine that being an ACLU lawyer isn't enough to send most Republicans into conniption fits, than what would?

 

Yet, even after Ted Kennedy led the effort to destroy Judge Bork's character in the 1980s, the Republicans rightfully returned to observing nomination tradition upon the election of Bill Clinton and offered few consequential voices of dissension over his nominees to the SCOTUS.Up to this point you could chalk my view here all up to my own political partisanship, granted. But, that assumption won't square with some of the testimony by Alito's contemporaries on the bench.Here is what Judge Ruggero J. Aldisert, a long time Democratic operative before he became a judge, said about Alito at the confirmation hearings:

 

"In May 1960, I campaigned with John F. Kennedy and his brother Edward in the critical presidential primaries in West Virginia. The next year I ran for judge in Pittsburgh on the Democratic ticket for the Court of Common Pleas in Allegheny County. ... "Democratic Sen. Joseph Clark was my chief sponsor when President Lyndon B. Johnson nominated me to the Court of Appeals in 1968. Sen. Robert F. Kennedy of New York was one of my key supporters." "Political loyalties became irrelevant when I took up my commission as a federal judge. The same has been true in the case of Judge Alito ... ."

 

I feel I must take further pains to note that Judge Aldisert was a partisan Democrat in his earlier days. This man, sponsored by some of the biggest names in the Democratic Party of the 1960's and later, was able to make his partisanship take a back seat to his seat and duties on the bench. And, despite all the caterwauling by today's Senate Democrats, there is no evidence what-so-sever that Judge Alito would do any different than did Judge Aldisert.And Judge Aldisert wasn't the only one.

 

"Never has he ever expressed anything that can be described as an agenda, nor has he ever expressed any personal predilections about a case or an issue or a principle that would affect his decisions."- Senior Judge Leonard I. Garth "If I believed that Sam Alito might be hostile to civil rights as a member of the Supreme Court I guarantee you that I would not be sitting here today." - Former Circuit Judge Timothy K. Lewis (an African American)(source of quotes was the <a href="http://www.post-gazette.com/pg/06013/637370.stm">www.post-gazette.com/, Pittsburgh, PA</a>)

 

So, you don't have to take my word for anything here. You can see what people of great standing said about Alito's character and past history.

 

Still, in essence, the Senate Democrats as much as called these eminent men liars. They indulged in half-truths, obfuscation, even outright lies in Kennedy's case, to smear Judge Alito to attempt to keep him off the bench. And, to make matters worse, most of these Senators were in office when Alito was approved in the past with no dissenting voices, even from today’s most out spoken Senators.

 

Alito was apparently a great judge to these Democrats not but a few years ago. But suddenly, today, he is a racist, sexist and evil man. This sophistry smacks of simple-minded partisanship. And that is what the Senate Democrats have done to their Constitutional role of advice and consent.

 

They have made it, and the Senate itself for that matter, into a mockery.  Good job Democrats.

 

Related Articles:
All I Want For Christmas Is A Pro-American Senate 12/23/05
Of Advice and Consent 01/19/05
 

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