As usual, the promised fireworks you always hear about from the Democrats failed to appear at today's Alito hearings.
US News and World Report characterized today's hearings this way:
Can it be that the promisedfireworks at this week's Supreme Court confirmation hearings before the Senate Judiciary Committeehave already fizzled? Grinding through the first round of questioning, even liberal Sens. Edward Kennedy of Massachusetts and Joseph Biden of Delaware spoke at length but failed to hit their stride, much lessruffle Supreme Court nominee Samuel Alito, whoseanswers, deliveredin an earnest monotone, had all the zip of aremedial high school civics lesson.
Its a remarkably predictable hearing, with the Democrats sounding like three chord guitar players. Sometimes I just couldn't believe what I was hearing. One thing Schumer said actually made NPR's audio excerpt list and its worth listening to just to understand how confused he is
Judge Alito, in case after case, you give the impression of applying careful legal reasoning, but too many times you happen to reach the most conservative result. Judge Alito, you give the impression of being a meticulous legal navigator but in the end, you always seem to chart a rightward course . Some wrongly suggest we're being results-oriented when we question the results you have reached, but the opposite is true. We're trying to make sure that you're capable of being fair, no matter what the identity of the party before you. Sometimes you give the government a free pass, but refuse to give the plaintiffs a fair shake.
Schumer's problem with Alito appears to be that his process just isn't producing the predetermined results that the left demands, after all, everybody should take turns being right.
The entire exchange reminded me of the current series of NBA commercials with Ali G.. The Ali G schtick is fabulous, relying on political correctness to prevent his targets from pointing out that his questions betray colossal ignorance and stupidity. Schumer G. relies on much the same paradigm, knowing that as a Senator and a liberal icon, everything he says is brilliant no matter how transparently foolish.
( Here's on online version of Ali G. interviewing Steve Nash--hiliarious)
The Captain did a little bit of his own transcription of Schumer' remarks as well.
SCHUMER: Does the Constitution protect the right to free speech?ALITO: Certainly it does. That's in the First Amendment.
SCHUMER: So why can't you answer the question of: Does the Constitution protect the right to an abortion the same way without talking about stare decisis, without talking about cases, et cetera?
ALITO: Because answering the question of whether the Constitution provides a right to free speech is simply responding to whether there is language in the First Amendment that says that the freedom of speech and freedom of the press can't be abridged. Asking about the issue of abortion has to do with the interpretation of certain provisions of the Constitution.
SCHUMER: Well, OK. I know you're not going to answer the question…
SCHUMER G.: It is 'cos I is black?
A good round up of the left's views on the hearings (were we in the same building?) at Desert Rat Democrat
I love this post by bardseyeview comparing the Alito hearings to Shakespeare's Coriolanus (go read this one).
Matt May rants well.
Political Teen
Professor Bainbridge makes the observation that Democrat Senators are failing to disconfit Alito because they talk too much.
Perhaps it's an occupational hazard of being a politician, but for a bunch of ex-lawyers they sure are lousy questioners.
Let me make another observation--the Senators are not trying to "get" Alito, they are instead trying to make points with their liberal constituencies. Alito merely provides a pretext to burnish the abortion credentials and to make common cause with the MoveOn.org crowd. Democrats knew up front that they couldn't block the Alito nomination, so when life gives you lemons, you make lemonade--use the process for fund-raising, and as an opportunity to bolster one's public profile (too bad only serious wonks actually watch this stuff...).
Powerline: Character witnesses















