In both presidential campaigns, Bush promised to turn the Supreme Court toward the right – to create a strong, conservative court. It is clear by the recent confirmation of Samuel A. Alito Jr.that he is succeeding.
And yet, Bush does not refer to Alito as a conservative ally; instead, Alito is praised as being a “brilliant and fair-minded judge who strictly interprets the Constitution and the laws.” If Bush was truly looking for a fair-minded judge to fill this position he would have looked at a wide array of candidates, not just the conservative ones. It is clear that he is trying to build up a conservative court that will out last his reign rather than cast aside the party lines and look for the best possible candidate for the Supreme Court.
With Alito’s recent appointment, the court looks as if it is shifting with four conservatives, four liberal justices and one who is said to be moderate. Alito’s appointment is a clear shift toward the right as he is the second conservative justice appointed by Bush in the last five months.
Though it is apparent that Alito is conservative, a quest has been undertaken to determine whether he is a proper candidate for the court by digging up his past actions and his rulings on past cases in the 3rd U.S. Circuit Court of Appeals. There appears to be a lot of concern over a 1985 job application for the Reagan Justice Department in which Alito spoke of his efforts to abolish racial quotas in hiring and to overturn the Roe v. Wade ruling, which established a woman’s right to an abortion. People are concerned that Alito has opinions, and it would be ludicrous to suggest that he doesn’t. Like any politically minded person in this country, Alito is going to have opinions on the things that are affecting this country. No person who is educated and politically engaged can lack a “political philosophy.”
It is not Alito’s job application that should be important to Democrats or even Republicans. What matters is his record as a judge. It is his job to review cases and make a decision based on the law, not his own political agenda. If this is something he has managed to do for the last 15 years as a Judge on the 3rd U.S. Circuit Court of Appeals, then he should be considered the right man for the Supreme Court by Democrats and Republicans alike. It is a judge’s job to be impartial and rule on the law; that is what we should look for regardless of political beliefs.
The Washington Post recently took a look into Alito’s time on the U.S. Court of Appeals for the 3rd Circuit and the 221 cases on which the court’s opinion was divided. The paper divided the rulings into categories and compared them with other federal appellate judges around the country. Looking at the numbers, Alito is very conservative when it comes to criminal sentencing, prisoners’ rights, immigration and cases of discrimination. To me, it is not surprising to find that any judge or politician has the tendency to vote along certain lines. However, I always find it refreshing when records show that a judge or politician votes both liberally and conservatively on similar issues. This really suggests that the person takes a look at each case, law or situation and evaluates it separately from others. It also shows that they are not completely governed by their party and they are not afraid to vote differently then their peers.
While Alito does conform as a conservative on some issues, there are topics where he made both liberal and conservative rulings: Union and wage disputes, employee benefit disputes, states rights as well as government regulation of land use, environment, labor and securities. While he is clearly Bush approved for his conservative stance, it is reassuring to know that he is willing to examine each case and vote on it separate of his party, at least to a certain extent.
Though I do not know whether a better candidate for the Supreme Court is out there, it appears as though the selection of Alito was not a bad decision; many would choose to refute that, seeing that this was a very divided decision within the Senate with a 58-42 vote. At this point, despite any existing notions, one must hope that the Senate made the right decision in confirming Alito. He is now on the highest court in this country until he dies, resigns or is impeached. He is one of nine who have the power to declare federal or state laws, as well as the actions of federal and state executives, unconstitutional. The decisions that he will have a part in making cannot be appealed to any other court.
Keep your fingers crossed.
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