MyDD :: Alito's first votes

Alito's first votes

by jcjcjc, Wed Feb 01, 2006 at 10:19:31 PM EST

http://news.yahoo.com/s/ap/20060202/ap_o n_go_su_co/scotus_death_penalty;_ylt=Ak6 O2NBLSUZBH2eLoCblZjOs0NUE;_ylu=X3oDMTA2Z 2szazkxBHNlYwN0bQ--

I know it hardly determines the man to be an uber-liberal, but it is still an interesting break with the conservatives on his first full day of work.

Alito joins the four liberals and one moderate to force Missouri to allow a stay of execution rather than expediting it.

And, if nothing else, it's a good starting point for needling cons about Alito. After all, until they actually pocket some rulings, they'll be very nervous given their guys' history of not delivering the goods.

Something to think about.

Even at this late stage, I'm willing to bet the odds that the GOP just can't deliver two true conservatives.

Tags: Supreme Court, Alito (all tags)

Permalink :: 13 Comments :: Post a Comment

Re: Alito's first votes (none / 0)

Yes, but death penalty cases are alot different than abortion or civil rights cases. Clarence Thomas and Scalia joined the 4 liberals and 1 moderate to conserv in making juries decide death penalty cases and outlawing judge only decision base death penalty case. They aren't moderates.

by mleflo2 on Wed Feb 01, 2006 at 10:51:29 PM EST

Re: Alito's first votes (none / 0)

Good point. Death penalty cases are something onto themselves. They aren't a good gauge into someone's judicial tendencies.

Also, and I'm by no means knocking you or anyone else, but there are no real liberals on the Supreme Court. Ginsburg, maybe. But Breyer, Souter and Stevens are far from the progressive stalwarts of yester-year - such as Chief Justice Warren, Justice Brennan and Justice Marshall.

by Eric11 on Wed Feb 01, 2006 at 11:25:03 PM EST
[ Parent ]

Point taken (none / 0)

But, any opening for Alito to turn moderate or even liberal should be encouraged and exploited. Even if it isn't really true.

The conservatives are so nervous about their past failures with judges, it is worth the effort just to further encourage that nervousness.

by jcjcjc on Thu Feb 02, 2006 at 09:59:35 AM EST
[ Parent ]

Re: Point taken (none / 0)

Any decision that appear that he will be in the minority, he probably will go with the majority, he doesn't want to be in the minority, so it might appear that he is more moderate than he appears to be, this might include Roe. Let's see he stand up by himself in Affirmative Action or 10 commandments in school or partial birth abortion cases where Kennedy appeared in the minority and he has to stand by himself.

by mleflo2 on Thu Feb 02, 2006 at 02:02:33 PM EST
[ Parent ]

We'll all be watching (none / 0)

Hey, at this stage, what's left? Dumb luck. The history of the court shows that dumb luck is on our side.

by jcjcjc on Fri Feb 03, 2006 at 12:42:40 AM EST
[ Parent ]

Re: Point taken (none / 0)

Alito was opposed because he is pro-life, and Dems in pro-choice areas couldn't vote for a pro-life candidate. Despite what he does on the court, he was personally opposed to a woman's right to choose, and progressives couldn't find it in their heart to stand for that, they had to stand up to it.

by mleflo2 on Thu Feb 02, 2006 at 02:06:37 PM EST
[ Parent ]

Re: Alito's first votes (none / 0)

How jaded am I? My first reaction to reading that earlier was to assume that since the decision was a forgone conclusion, he threw out a moderate bone to silence critics on his first day.

by Lucas O'Connor on Wed Feb 01, 2006 at 11:13:08 PM EST

Re: Alito's first votes (none / 0)

You weren't alone in thinking that.

by Scott Shields on Wed Feb 01, 2006 at 11:57:32 PM EST
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Re: Alito's first votes (none / 0)

That is one possibility.

by jcjcjc on Thu Feb 02, 2006 at 09:59:56 AM EST
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Why I don't get my britches twisted over SCOTUS (none / 0)

I think that history has shown that as much as Pat Buchanan and his ilk strived to remake the judiciary in their extremist shadow, it still hasn't moved as far to the right as they want.

by Sam Loomis on Wed Feb 01, 2006 at 11:59:40 PM EST

you never know (none / 0)

From what rulings have come out so far, it sounds like Roberts is as conservative as I thought he would be. Alito, however, seemed to be in a whole other league. I'm not sure what this would do politically. If Alito does a Souter, basically all of the activists on both sides will end up looking like idiots (which, of course, happened with Souter too, although only nine Senators voted against him). But, then again, it is too early to tell. Supreme Court Justices are pretty unpredictable. Scalia was the key fifth vote in Texas v. Johnson, joining Brennan's opinion striking down a flag burning ban. Stevens dissented in that case.

by liberal atheist on Thu Feb 02, 2006 at 12:39:02 AM EST

Re: you never know (none / 0)

If Alito does a Souter, basically all of the activists on both sides will end up looking like idiots....

True, but I can't see that happening with Alito. His paper trail is too long and too consistently right-wing.

Of course, over time, many judges become more moderate. And if it happens, I won't mind looking like an idiot. (It won't be the first time.) But on his first day?

I'm inclined to believe this was an exception, not the rule for Alito, for all the reasons stated above: death penalty cases are different, the vote was lost anyway and Alito was just trying to look moderate, etc.

Besides, he's Catholic, I think. True, that didn't seem to matter with Scalia or Roberts, but maybe Alito actually agrees with his Church on the death penalty.

If you're always playing the fear card, it's a pretty good sign you're not playing with a full deck!

by Mathwiz on Thu Feb 02, 2006 at 12:31:47 PM EST
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Re: you never know (none / 0)

You have to take geography into account, Roberts is a conserv, he is from IN, Thomas and Scalia are conserv they are from VA, Alito is a conserv, he is from NJ, not a constitutional conserv, Souter is from NH, he is a liberal and so and so so in so. So, each Justice is voting its state's preference.

by mleflo2 on Thu Feb 02, 2006 at 06:35:18 PM EST
[ Parent ]

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