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Samuel Alito to Scotus

Discussion in 'Legal' started by Mongo the Mutterer, Oct 31, 2005.

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  1. Mongo the Mutterer

    Mongo the Mutterer Member

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    Lots of speculation -- a talking head on Fox News this morning (5:20AM) said his appointment would cause a "bloodbath" in the Senate.

    Confirmed 5:23.
     
  2. Mongo the Mutterer

    Mongo the Mutterer Member

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    Yeah Baby

    More info from GOA ...

    Judge Samuel Alito, Jr., in the Third Circuit, has argued that Congress has no right to regulate the private possession of machine guns

    GOA

    Anyone have more information???
     
  3. El Tejon

    El Tejon Member

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    Scalito!

    Well, it's not Luttig, but it could have been Luttig and Alito with Scalia as Chief Justice. *kicks rocks* Darn county club Republicans.
     
  4. Leatherneck

    Leatherneck Member

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    Gird your loins, folks: here come the Libs.

    TC
     
  5. TexasRifleman

    TexasRifleman Moderator Emeritus

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    Interesting. They have used their one "free gripe" against Meirs, now they will look like mindless complainers if they push back on this one. I would never give this administration credit for cooking up such a good plan, but it certainly appears one has fallen in their laps.
     
  6. Waitone

    Waitone Member

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    I wonder if the dynamic this go'round will be difference since it wasn't Bush that picked the fight. Bush did everything he could to avoid nominating someone the democrats would object to. Seems to one one side of the political spectrum picked it.
     
  7. Molon Labe

    Molon Labe Member

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    Well he certainly has my attention. :)
     
  8. Dannyboy

    Dannyboy Member

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    It's being said that the Pres. expects at least 22 No votes. The thinking is that if the Dems didn't like Roberts then they won't like Alito. I think it's kinda cool that a conservative judge can come out of New Jersey.
     
  9. Sistema1927

    Sistema1927 Member

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    Who cares what the liberals think? Let them go on the record as being opposed to a good man, and hopefully America will remember come next election.

    Republicans need to act like they are the majority, and push through a solid conservative agenda. Enough of pussy footing around the likes of Kennedy and Feinstein and Schumer, we ought to marginalize them and make them totally irrelevant.
     
  10. Don't Tread On Me

    Don't Tread On Me Member

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    Brown or Luttig would have been better, especially Brown.


    I guess Brown's current appointment is more important. Unfortunately, these folks have the same philosophy as Bork (who was the man) and basically are strict constitutional scholars and abide by the constitution in exile type philosophy that the socialists hate. This means there will be a fight. Miers getting shot down weights against the Democrats in the eyes of the country because it makes them seem dissatisfied and picky towards anyone. It also makes the process trivial and undermines it. It is harder for them to reject now. Especially after shooting down a WOMAN who most likely would have been a moderate.


    Alito is about AS GOOD AS IT GETS. Anyone that argues that the Fed's have no right to regulate machine guns must be sympathetic to the true meaning of the 2nd Amendment.



    If we're lucky and Bush gets to make a 3rd appointment by 2008...the court might be pro-2nd enough to where they might be able to hear a 2nd Amendment case and not set a devistating precedent against us that will thrust the gun-grabbers into a nirvana like state of bliss.
     
  11. Mongo the Mutterer

    Mongo the Mutterer Member

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    Yep, someone aught to tell them they LOST THE ELECTION.

    I want to see the spittle on Kennedy's chin when he goes ballistic on this one... :evil:
     
  12. Augustwest

    Augustwest Member

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    Interesting.

    Would much rather have a nominee who was being likened to Thomas than Scalia, but interesting all the same...
     
  13. WT

    WT Member

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    I would like to see a cite regarding Alito's writeup on machineguns. I have searched but without success.

    I know where Alito lives, I know where his grandfather came from in Italy, the date of his arrival at Ellis Island and aboard what ship, but I can't find the machine gun cite.
     
  14. Don't Tread On Me

    Don't Tread On Me Member

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    Well, it's not easy to nominate judges to the abortion court...oops err I mean Supreme Court.


    Seems the only thing you ever hear about is Roe v. Wade. Now, this is an important issue, but is it really necessary to be THE litmus test of most politicians. Is this what America has dwindled down to? I guess that abortion is all that matters in the world of constitutional interpretation.


    I am just so sick of it. Make it an issue - no problem. But the relentless fixation on this single matter is just shameful. Like a broken record it is all we hear about. These people put abortion as an issue before ALL other important constitutional issues that (in my opinion) are far more crucial to our Rights.
     
  15. Dannyboy

    Dannyboy Member

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    Dude, you just took the words right out of my mouth. All the problems we have and abortion is the only issue these people can think about.

    WT, the case you're looking for is US v. Rybar.
    http://www.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/us_v_rybar.txt
     
  16. Don't Tread On Me

    Don't Tread On Me Member

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  17. Kharn

    Kharn Member

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    Don't Treat On Me:
    Bork has said he believes in a collective 2A. :scrutiny:

    Kharn
     
  18. BowStreetRunner

    BowStreetRunner Member

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    Kharn is right.
    BSR
     
  19. riverdog

    riverdog Member

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    I don't see why you think the Dems won't attack Alito. It was the Republican Conservatives that shot down Meirs. Liberals like Kennedy, Schumer and Feinstein et al are free to go high order on Alito. At this point it only matters what the gang of 14 says.
     
  20. Waitone

    Waitone Member

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    There's an old story which may or may not be true but it is descriptive. How do you catch a monkey. Take dried gourd, cut a small hole in the top, and drop in a few small rocks. Then suspend it from a tree where it makes a rattling noise. The noise will attract a monkey who will insert his hand to extract the rocks, but the hole is big enough insert his hand but too small to pull it out with the fist clenched holding onto the rocks. Since the monkey will not let go of what attracted him, he can easily be captured.

    Don't know if it true but it surely describes the left end of the spectrum and its fascination with abortion.
     
  21. Fletchette

    Fletchette Member

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    I think the abortion issue is so important to the Libs because many of them entered politics over the issue in the 60's. They see it as their foundation.

    The problem with abortion (outside of all the ethical debate - that's for a different forum) is that it is clearly suppossed to be reserved for the States via the Tenth Amendment. It's whole arguement for being a Federal issue is based on "interpreting" the Constitution. Therefore, those that are "pro-choice" tend to be in favor of stretching the Constitution to make it mean what they want it to mean. This means that they tend to be anti-choice on the issue of firerms ownership.
     
  22. WT

    WT Member

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    Danny - Thanks!

    Very interesting writeup. Went thru it once and I will have to read it again to let it soak in. I like the way Alito writes.

    WT
     
  23. rick_reno

    rick_reno member

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    Here are the cases he's argued before the court. Looks like a good choice.

    Judge Samuel Alito’s pedigree includes 12 appearances before the United States Supreme Court. Below is a list of the cases, in reverse chronological order, Judge Alito argued before the Supreme Court, all on behalf of the government as assistant Solicitor General.

    National R.R. Passenger Corp. v. Atchison Topeka and Santa Fe Ry. Co., 470 U.S. 421
    The Court agreed with the government holding that the “federal statute requiring private railroads to reimburse Amtrak for rail travel privileges that Amtrak provides to railroads' past and present employees, and their dependents, held constitutional.”

    Atkins v. Parker, 472 U.S. 115
    The Court agreed with the government holding that the “notice advising food stamp recipients of a general change in the law affecting their benefits, without explaining its precise effect on individual recipients, held not to violate notice requirements of federal law or regulations or of due process clause.”

    Chemical Mfrs. Ass'n v. Natural Resources Defense Council, Inc., 470 U.S. 116
    The Court agreed with the government holding that the “EPA's issuance of "fundamentally different factor" variances from toxic pollutant effluent limitations held permissible under 301(l) of Clean Water Act (33 USCS 1311(l)).”

    F.C.C. v. League of Women Voters of California, 468 U.S. 364
    The Court disagreed with the government holding that the “statute banning editorializing by federally funded public broadcasting stations held unconstitutional.”

    U.S. v. Weber Aircraft Corp., 465 U.S. 792,
    The Court agreed with the Government holding that “Confidential statements obtained during an Air Force safety investigation of an air crash held protected from disclosure by Exemption 5 of the Freedom of Information Act (5 USCS 552(b)(5)).”

    U.S. v. Doe, 465 U.S. 605
    The Court agreed with the Government in part holding that the “Fifth Amendment privilege against self-incrimination held applicable to act of producing business records but not to content of such records.”

    Russello v. U.S., 464 U.S. 16
    The Court agreed with the Government holding that “RICO held to require forfeiture of insurance proceeds received by arson ring member.”

    U.S. v. Villamonte-Marquez, 462 U.S. 579
    The Court agreed with the Government holding that a “Customs' boarding vessel for document check, without suspicion of wrongdoing, held not to violate Fourth Amendment.”

    Belknap, Inc. v. Hale, 463 U.S. 491
    The Court disagreed with the Government holding that the “Strike replacements' state court suit against employer for discharge after strike held not preempted by federal labor laws.”
     
  24. Beren

    Beren Moderator Emeritus

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    It's official now. AP is reporting:

    "President Bush, stung by the rejection of his first choice, nominated conservative judge Samuel Alito on Monday to replace moderate Justice Sandra Day O'Connor in a bid to reshape the Supreme Court and mollify his political base."
     
  25. boofus

    boofus Guest

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