Monday, January 09, 2006

Alito and Brandeis

Ken Kersch writes in OpinionJournal on comparisons between Samuel Alito and Louis Brandeis:

Support and opposition split immediately along party lines. Opponents insisted that the most exacting scrutiny was essential, calling for delays. Supporters, citing the nominee's demonstrable capabilities, demanded expedition. A filibuster was threatened. All acknowledged the nominee was brilliant, almost all agreed he was honest. Neither trait, his antagonists reminded the country, entitled him to a seat on the Supreme Court.

Much was at stake. Justices called upon to decide cases involving some of the most controversial legal questions of the day were expected to be impartial. But the New York Times complained that, if confirmed, the nominee "would take his seat upon the bench equipped with a variety of preconceived and firmly-held notions." That wasn't the only red flag: The prospective justice, it was said, held views far outside the mainstream, and harbored a transparent commitment to an agenda that would revolutionize American law.

Read the rest!

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