Legal commentary: Alito would lean toward business interests
Issue date: 1/23/06 Section: Features
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It seems almost certain now, following his Senate hearings, that Samuel Alito will be confirmed, albeit by a relatively narrow margin. The Supreme Court, in turn, will continue its shift to the right and in favor of business interests. This article is primarily concerned with the specifics of Judge Alito's history regarding business interests, but first, an overview of his judicial philosophy relative to the other justices and mainstream political views:
Alito's Conservatism Explained
While some interest groups have portrayed his ascension to the high court as a harbinger of right-wing fascism, a more honest evaluation of the nominee yields a much less dramatic picture. Judge Alito, much like our new Chief Justice John Roberts, is conservative in the sense that he is deferential to the status quo. Unlike "movement" conservatives such as Justice Clarence Thomas, Alito would be reluctant to overturn long-standing precedents in order to effect a reversal of the progressive liberal reforms of the post-WWII era. In fairness to the groups opposing Alito, he is likely to resist new expansions of civil rights and may narrow the application of various civil-rights protections. Narrow, not neuter.
Despite the Democrats' best attempts to demonstrate the contrary, Judge Alito is not Robert Bork. The ill-fated nomination of Bork nearly two decades ago serves as the model "how-to" in defeating a Supreme Court nomination. Bork was easy prey, however, as he openly rejected the notion of a general right to privacy upon which contraceptive and abortion protections are based. Senator Ted Kennedy (D-MA) famously led the charge, describing "Robert Bork's America" as a place of unrestrained police searches, back-alley abortions, and segregated lunch counters. Kennedy attempted to repeat history this time around, but aside from clearly opposing Roe v. Wade while in his Reagan-era positions, Alito has made very few ideologically-charged statements that demonstrate extremism.
Alito's Conservatism Explained
While some interest groups have portrayed his ascension to the high court as a harbinger of right-wing fascism, a more honest evaluation of the nominee yields a much less dramatic picture. Judge Alito, much like our new Chief Justice John Roberts, is conservative in the sense that he is deferential to the status quo. Unlike "movement" conservatives such as Justice Clarence Thomas, Alito would be reluctant to overturn long-standing precedents in order to effect a reversal of the progressive liberal reforms of the post-WWII era. In fairness to the groups opposing Alito, he is likely to resist new expansions of civil rights and may narrow the application of various civil-rights protections. Narrow, not neuter.
Despite the Democrats' best attempts to demonstrate the contrary, Judge Alito is not Robert Bork. The ill-fated nomination of Bork nearly two decades ago serves as the model "how-to" in defeating a Supreme Court nomination. Bork was easy prey, however, as he openly rejected the notion of a general right to privacy upon which contraceptive and abortion protections are based. Senator Ted Kennedy (D-MA) famously led the charge, describing "Robert Bork's America" as a place of unrestrained police searches, back-alley abortions, and segregated lunch counters. Kennedy attempted to repeat history this time around, but aside from clearly opposing Roe v. Wade while in his Reagan-era positions, Alito has made very few ideologically-charged statements that demonstrate extremism.
