“World” Mag Alito Cover Puff-Piece; Lower-Courts-Must-Follow-Supreme Court Big Lie Continues To Spread; Alito’s “Religion;” Coulter Cheers Bush; Sekulow Hits Brick Wall; Buchanan Cheers For Alito; And A Riddle About Conservatism
“Arghitos”
“World” magazine’s cover story on Judge Samuel Alito (11/12/05) has an inside headline reading, in part: “FAIR PLAY/Will lawmakers give Supreme Court nominee Samuel Alito the same treatment plaintiffs say they had from his bench?” This story, basically a puff-piece, quotes Republican Party cheerleader Southern Baptist President Richard Land as being “pleased” with Alito; ditto, the “Liberty Counsel’s” Mat Staver and the Heritage Foundation’s Todd Gaziano. “Becket Fund” Founder Kevin Hasson says Alito is “a regular guy” and a “serious Catholic.” But, should the issue of “fair play” for Alito be the focus of a piece about him in a Christian publication? I think not. A Christian magazine should be giving us — from a Christian/Biblical worldview perspective — an in-depth, substantive look at Alito’s record, specifically how his religion has influenced his decisions and where he stands on abortion.* * *
But, this “World” article does not do this. It does mention the 2000 “Planned Parenthood v. Farmer” case where Alito voted to strike down a New Jersey ban on partial-birth abortion. Noting that Alito could have “safely indulged any bent toward ideological activism” if he had wanted to by voting to make this form of infanticide illegal (which, of course, it already is according to God’s Law), this story says that instead he declined to do so. Instead, “he wrote that since the U.S. Supreme Court had invalidated a similar Nebraska law because it lacked a health exception, the New Jersey law had to go.” It is also said that in his rulings Alito has shown “careful analysis, and alignment with both precedent and the Constitution itself.” But, if Alito, as he did in this case, followed the Supreme Court’s pro-partial-birth abortion ruling, he was neither careful in his analysis nor following the U.S. Constitution. There is no Constitutionally-protected right to commit infanticide.* * *
NO HUGH, the shirt should say ‘Cheerleaders For Bush’
In this same issue of “World,” columnist Hugh Hewitt, a super-GOP cheerleader who cheered for Harriet Miers until the bitter end, hailed Alito as “a judicial powerhouse” whose “extraordinary accomplishments” include graduating from Princeton and Yale. Why conservatives now believe it is great to graduate from such extremely Liberal, Ivy League schools is a mystery. Hewitt mentioned no specific rulings by Alito.* * *
Speaking of Alito, abortion and the Big Lie that lower court judges must following the decisions of the Supreme Court, the pro-abortion “Washington Post” (11/7/05) says: “Judge Alito’s record on abortion….reflect(s) an effort to diligently apply Supreme Court precedent in a changing and controversial area of law.” But, the last institution that ought to be followed on abortion is the pro-abortion Supreme Court. And, for the umpteenth time: Courts do not make “law!” Only Congress can make laws.* * *
CNN’S TOOBIN wrong on what lower court judges must follow
But, the lower-courts-must-follow-the-Supreme-Court Big Lie continues to be spread. An “Associated Press” story (10/31/05) by Gina Holland, commenting on one Alito decision, stated as fact: “As an appeals court judge, Alito was required to follow Supreme Court precedent.” Really? And what is it that “required” him to follow the high court? When I called Holland and put this question to her, she would not comment saying I should send her an email. I did. She never replied. And on CNN (10-31/05), that network’s Senior Legal Affairs Analyst Jeffrey Toobin, also commenting on a case where Alito followed the Supreme Court, said: “He is a lower court judge. He has to follow the Supreme Court.” Arghhhhhhhhhhhhhhhhhhh!* * *
And speaking of Alito’s religion, the “New York Times” (11/7/05) reports Pepperdine University Constitutional Law Professor Douglas Kmiec as saying that Alito rarely brings up his Roman Catholicism: “I think faith for Sam is a regularizing experience in the sense of bringing order to the world. It’s a community in which you obligate yourself to others and therefore feel part of something that’s outside of yourself.” Well, yes, God and His Law are “something” outside of ourselves. But, God and His Law are the first standard by which a judge must judge. And in all of the reporting on Alito so far there hasn’t been the slightest hint that he believes this.* * *
COLUMNIST COULTER ready, literally, to cheer for Bush and, of all things, ‘unreservedly’
Speaking of cheerleaders, columnist Ann Coulter is, literally, cheering President Bush for withdrawing the nomination of Harriet Miers. In “Human Events” (10/31/05) she writes that with this withdrawal, “Bush has us back on the team, ready to cheer for him unreservedly.” Speak for yourself Ann, speak for yourself, please.* * *
And speaking of Harriet Miers, shortly before she withdrew her nomination, another super-GOP cheerleader, Jay Sekulow, was still jumping high in the air and waving his pom-poms for her. The “New York Times” (10/24/05), noting that Sekulow and other Miers supporters believed they were beginning to “turn it around” for her, quoted Sekulow as saying: “I think we hit our stride last week.” Well, no, more like you hit a brick wall, Jay, and deservedly so.* * *
BROTHER BUCHANAN: Much gushing about Alito but, alas, just a lot of sound signifying — nothing
And why can’t our friend Pat Buchanan just be quiet when, obviously, he hasn’t done his homework and doesn’t know what he’s talking about? On the “McLaughlin Group” TV show (11/5/05) — saying nothing about any of Alito’s decisions — Brother Pat says about Alito that he is “outstanding” and “a terrific fellow,” a person with “outstanding credentials, qualifications, judicial philosophy” — all “in spades.” He added that President Bush has now united his base. * * *
Finally, for now, a riddle: When is it bad to be a conservative? Answer: When what you are conserving is bad! — like slavishly and mindlessly following bad Supreme Court decisions, as Alito has done.
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