Alito - The case for filibuster

A New York Times editorial presents a succinct case against confirming Samuel Alito to the Supreme Court. That case, the Times says, has been made by the nominee himself.

In his deadpan bureaucrat's voice, Judge Alito has said some truly disturbing things about his view of the law. In three days of testimony, he has given the American people reasons to be worried - and senators reasons to oppose his nomination. Among those reasons are the following:

DOUBTS ABOUT THE NOMINEE'S HONESTY Judge Alito's explanation of his involvement with Concerned Alumni of Princeton is hard to believe. In a 1985 job application, he proudly pointed to his membership in the organization. Now he says he remembers nothing of it - except why he joined, which he insists had nothing to do with the group's core concerns. His explanation for why he broke his promise to Congress to recuse himself in any case involving Vanguard companies is also unpersuasive. As for his repeated claims that his past statements on subjects like abortion and Judge Bork never represented his personal views or were intended to impress prospective employers - all that did was make us wonder why we should give any credence to what he says now.

The Times elaborates on several other reasons to vote against Alito, including:

EVIDENCE OF EXTREMISM

OPPOSITION TO ROE V. WADE

SUPPORT FOR AN IMPERIAL PRESIDENCY

INSENSITIVITY TO ORDINARY AMERICANS' RIGHTS

It is clear that Democrats and conscientious Republicans have no moral choice other than to oppose this man's ascendancy to the Supreme Court. His extreme views about American law and society are dangerously outside the mainstream.

If his nomination advances to the full Senate, Alito can count on the votes of Republicans who are motivated purely by ideology or by their fealty to George W. Bush. There are enough such senators to ensure that an up-or-down vote will result in Alito's confirmation. Therefore, the Alito nomination must be filibustered in the Judiciary Committee.

Undoubtedly, a filibuster will trigger outrage, feigned or sincere, among members of the extreme right. It will trigger also a political battle over the Nuclear Option. So be it. The health of American democracy hangs in the balance.

What must be avoided at all costs is an attitude of resignation toward the Alito nomination. The man has no right to sit on the Supreme Court. George W. Bush has no right to take Alito's confirmation for granted. Hard-won rights that Americans have come to take for granted are at risk. They must be protected. This battle is worth fighting.