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Alito Confirmed By Second Slimmest Margin in History

By Jeralyn, Section Sam Alito
Posted on Tue Jan 31, 2006 at 09:05:47 AM EST
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Judge Sam Alito has been confirmed to the Supreme Court. The vote was 58 to 42. The only confirmed justice to receive fewer favorable votes was Clarence Thomas.

In an e-mail, People for the American Way states that SavetheCourt generated 600,000 faxes and e-mails to Senators in just the past several days.

In my Scoring Scotus column today at Altercation, I talk about the impact that efforts by bloggers and activists had on the Democratic leadership, and what it portends for 2006 and 2008.

In his floor comments opposing Alito today, Senator Harry Reid lamented the rejection of Harriet Miers and blamed the radical right. I agree with him. Miers would have been far preferable to Alito. And she never even got to have a hearing, much less an up or down vote. (no link yet, received by e-mail.)

The fact is, Judge Alito became President Bush's candidate to replace Justice Sandra Day O'Connor only after the radical right-wing torpedoed the nomination of White House Counsel Harriet Miers and insisted that someone with Sam Alito's ideology be put forward in her place. That is how Judge Alito "got here."

I continue to believe that Harriet Miers received a raw deal. She is an accomplished lawyer, a trailblazer for women and a strong advocate of legal services for the poor. Not only was she denied the up-down vote that my Republican colleagues say every nominee deserves, but she was never even afforded the chance to make her case to the Judiciary Committee.

I believe that radical elements in the President's own party demanded that Miers withdraw not because of her lack of judicial experience as some claimed, but because they were insufficiently confident she would support their extreme agenda. The right wing's distrust of Harriet Miers, and their immediate elation when Judge Alito was named, raised my suspicions on the day he was nominated.

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    Alito Confirmed By Second Slimmest Margin in History | 23 comments (23 topical)
    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#1)
    by Edger on Tue Jan 31, 2006 at 09:35:03 AM EST
    Why is it that everything bush does, including his performance in the 2000 and 2004 elections, and now in getting alito confirmed, happens by the "slimmest" margins. The guy was credited with only enough votes in both elections to give him a margin smaller than the average margin of error in public opinion polls. This alone should be enough to cause people to say "Stop, children, what's that sound? Everybody look what's going down."

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#2)
    by jimakaPPJ on Tue Jan 31, 2006 at 09:46:45 AM EST
    edger - Try this one. "All it takes is one." You know, like it or not, and I don't know if I will like it, Bush has changed the SC and likely the direction of the country for the next 50 years. Dumb old W. Not the brightest bulb on the tree, W. Can't speak in words understandable by blue staters Geroge. Who would have thought it? In the meantime, democracy marches on.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#3)
    by Edger on Tue Jan 31, 2006 at 09:51:18 AM EST
    Jim: "All it takes is one." Is that the "one" referred to in the old saw "People get the government they deserve"? ;-) Maybe we both better have a "chat" with this "one". Out back? In the alley behind the bar?

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#4)
    by Dadler on Tue Jan 31, 2006 at 09:56:34 AM EST
    And on the same day that we lost Coretta Scott King. A sad one indeed. Peace to her family. Remember the good Dr. and his wife, Justice Alito, and all they stood for. Remember them well. Please.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#5)
    by glanton on Tue Jan 31, 2006 at 09:59:24 AM EST
    Underground railroad, anyone?

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#6)
    by Edger on Tue Jan 31, 2006 at 10:02:22 AM EST
    glanton, what time's the next train come by? I'll bring the whisky... you bring the guitar... we'll recruit the singers along the way...

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#7)
    by glanton on Tue Jan 31, 2006 at 10:12:31 AM EST
    edger, Many of us will be there when the time comes. In the meantime, let us raise our glass in acknowledgement of yet another victory for the slave states. A lot of time has passed, but to paraphrase Zeppelin, the map remains the same.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#8)
    by Talkleft Visitor on Tue Jan 31, 2006 at 10:13:24 AM EST
    42 votes was enough to sustain a filibuster. Yesterday's vote is the one that could have stopped Alito and any Senator who voted 'No' today but voted to end the filibuster yesterday is playing a trick on us. Do not send those Senators money or support based on any claim they opposed Alito.

    Re: Alito Confirmed By Second Slimmest Margin in H (none / 0) (#9)
    by Talkleft Visitor on Tue Jan 31, 2006 at 10:23:33 AM EST
    58-42, which means that 17 Senators who opposed this nomination still had the good sense to also oppose a filibuster. There's hope after all. Now if they can just convince the other 25 to work toward a moderate position that will actually win national elections, rather than constantly claiming that everyone agrees with the hardcore wangnuts, we might get to a point where "mainstream" actually means something again and be able to elect someone who can then appoint mainstream judges. Demonize him all you like, but Bush gave his voters exactly what he said he would give them, and Alito isn't as bad as you want to make him out to be. It could have been much worse.

    Re: Alito Confirmed By Seco