Thanks, once again, Doc for speaking up for we the people!!!

Then the Democrats have a duty to uphold the Constitution by filibustering Alito. The statements are strong by some of our more courageous Senators and so then the question becomes "If you strongly believe this to be true about Alito and the staggering effect he would have on this nation then why stop half way?"

I watched John and Abigail Adams last night on PBS. I could not stop drawing the parallels of the tyranny the colonists were fighting aginst King George III of England and how we are fighting aginst the tyranny of Geroge W. Bush's insane and illegal actions which have caused great harm and insecurity to us and America. He has been aided and abetted by the Republicans and Alito will be the one to place the golden crown on King George W. Bush enabling his executive powers to reign far and above the other branches John Adams so carefully laid out in checks and balances. What Bush has and is achieving is reminiscent of what this country fought against!! America specifically is not about a dictatorial monarch deciding what is right or wrong for us and OUR country! It is OUR duty to stop this from happening and it is our Senators' duties to not only reject but end this nomination by filibuster if necessary to ensure our country, our Constitution, and our individual rights, freedoms, and liberties are NOT destroyed by this final nail in the coffin of Democracy! It is also imperative that full impeachment proceedings be brought at some point against this cabal who have desecrated our Constitution, sold out our interests to corporate welfare, stolen from our Treasury, initiated an illegal war, profited from that war, and dismantled and destroyed our laws, liberites, and freedoms in the process. Most of all, they have taken it upon themselves to redefine an America that resembles nothing of what our founders fought for and established on our behalf. The gains that Democrats have fought for ever since have established this as a GREATER nation and now we must fight for what we have WON! Democrats, this IS it so stand up NOW for us! We know when you stand up for us, you stand up to save America and ALL Americans!! Please, Save America - Filibuster Alito!!

Keep givin em hell, Howard.

Why no filibuster? Even with Nelson of Nebraska and Jeffords out of the picture, that still leaves 43 votes -- only 41 are needed to sustain a filibuster. Yes, there's the nuclear option coming from Frist but the GOP's own blogs are saying 7 Repugs would be shaky votes for the nuclear option. Even if this is a sure loss, sometimes the fight is still worth it.

Doc, my next contribution to the DNC is on its way as soon as I can get it together -- working for less than $8/hr, with a BA degree, in Bush's economy. You're the only reason I'm even considering it.

Other than Governor Dean... Tim might just be the smartest person in the world... Even smarter than the guy that made the "Hello Moto" ringtone on my phone! I hope he knows how much he is admired!

No One Can Look At Themselves in the Mirror and look to the Creator and Say, "I put the man who subscribes to the Nazi legal philosophy of Carl Schmitt into the Supreme Court of the United States." That is the KEY TO VICTORY!! Say it loud, over and over again. The U.S. DEFEATED HITLER and his NAZI philosophy. Carl Scmitt, , the crown jusrist of Nazi Germany, the man who "legitimized" Hitler's Dictitorial Powers, "legalized" Hitler's murder of his opponents in 1934, justified Hitler's purge of Jewish influences in German univerisities, and justified Germany's attacks on neighboring nations Poland, etc... is the model for Alito's "unitary executive" theory of the Presidency of the United States. Put plainly,
the unitary executive is a Nazi Hitlerian policy.

As my Senator Durbin correctly pointed out in his remarks in the Judiciary Committee, President Bush's choice for the Supreme Court, discussed and agreed to by the Senate's role of advise and consent, was Harriet Miers!!! Who trashed Bush's choice? The Democrats? NO. The Sane Republicans? NO. The proponents of this Nazi unitary executive theory? Yes!!!! Check Senator Leahy's speech at Georgetown University announcing his oppostion to Alito and you will find out whose office Alito was chosen in May, 2005. (hint- it was NOT GEORGE BUSH).

SO, Doctor Dean-- Heed the call of the United Democrat Party - who almost to a man (and a woman) recognize the danger of putting this Carl-Scmitt supporter on the Supreme Court. If you take all actions, including mobilization for a filibuster and whatever other steps that can be taken AND explain to all, exactly why this is being done, you will win the thanks of the Founding Fathers, the nation today, and posterity in the future!!!
There is no price too big to pay to save this nation from a fascist dictatorship- done under the guise of legal sophistries by a man who openly espouses the philosophy of Hitler's Crosn Jurist.

Leaders of the Democratic Party. I'm not impressed by your strategy to bring down Judge Alito with a majority vote; we all know this has no chance and is just cover for you when he is finally confirmed (Senator Durbin's comments about using his performance as an election issue is nonsense). Because you don't have the courage to stand up to George Bush with a filibuster, he will emerge from this process revitalized and begin working on whitewashing more of his questionable activities. I'm sorry to see you come up on the short end again, but I think you want it that way.

If Alito is that bad, ask our Democratic Senators to filibuster, Dr. Dean. Make the Republicans use the nuclear option. That should get the attention of even the most unconcerned and uninformed citizens, who have no idea who this man is and what he wants to do to their lives.

I think the fight is still worth it, too, Ian28. If we go down, we go down trying.

If we could just show voters this once that we aren't pushovers, maybe they would decide they no longer want to be treated that way either. I think many in the country would like to see a fight...and have been looking for a sign of how deep our commitment is to "our" values.

I also want to see if Hillary is made of sterner stuff than a flag burning bill.

Thank you for the leadership, Howard. I knew I liked you for a reason. You're not afraid to do what is right. You're a principled leader. We need more like you. You're doing a GREAT job.

I don't know what Reid is thinking. All I know is that he can not lead the Senate Democrats if he doesn't support a Filibuster. This is a moment of truth. We need leadership from Reid now. If he can't lead, I know several Senate Democrats that can. As they say, "lead or get out of the way." Thank you again, Gov. Dean, for setting a good example.

I'm outraged that Bush would nominate a judge that is known to be one of the most extreme judges on the Federal bench. Bush showed zero respect for Congress when he went to Pat Robertson and the Christian Coalition, and not Reid and the Senate. If he wanted a "dignified process," he should've followed the "advise and consent" process. And on top of it all, Bush is LYING AGAIN when he says that he doesn't want a "judicial activist" that would legislate for the bench. It was proven in the hearings that he IS an activist. Alito was scolded by his own Reagan appointee peers on the bench.

He is too far out of the mainstream, his record shows that he has been less than truthful testifing before Congress, and he has a track record of ignoring the rights of ordinary Americans. He is not fair. The Senate hearings proved that the title "Justice" should not be next to the name Alito. Please Filibuster Alito!

Alito's Record: Threats to Americans' rights and liberties

As research continues into Judge Samuel Alito's extensive record, here are some of his most troubling opinions:

1. Privacy: In dissent, Alito would have upheld the strip search of a mother and her ten-year old daughter, even though the warrant allowing the search did not name either of them. Judge Michael Chertoff, now head of the Department of Homeland Security, criticized that position as threatening to turn the constitution's search warrant requirement into little more than a "rubber stamp." Doe v. Groody

2. Community safety: Alito, dissenting in the case of United States v. Rybar, said that Congress does not have the power under the Commerce Clause to restrict the transfer and possession of machine guns at gun shows. In response to Alito's assertion that Congress must make findings or provide empirical evidence of a link between a regulation and its effect on interstate commerce, the majority said, "Nothing in Lopez (an earlier Supreme Court case) requires either Congress or the Executive to play Show and Tell with the federal courts at the peril of invalidation of a Congressional statute."

3. Family and Medical Leave: Writing for a unanimous court in Chittister v. Dep't of Community & Economic Development, Judge Alito held that Congress did not have the authority to allow state employees to sue for damages under one section of the Family and Medical Leave Act. By contrast, the Supreme Court in a later case (Nevada Dep't of Human Resources v. Hibbs) upheld the FMLA against a similar challenge; the Court's decision was written by Chief Justice Rehnquist and joined by Justice O'Connor.

4. Reproductive Freedom: In dissent, Alito would have upheld a provision of Pennsylvania's restrictive anti-abortion law requiring a woman in certain circumstances to notify her husband before obtaining an abortion. His colleagues on the Third Circuit and the Supreme Court majority disagreed and overturned the provision. Planned Parenthood of Southeastern Pennsylvania v. Casey

5. Racial Discrimination in the Workplace: In dissent, Alito argued for imposing an evidentiary burden on victims of employment discrimination that, according to the majority, would have "eviscerated" legal protections under Title VII of the Civil Rights Act. In particular, the majority said that Alito's position would protect employers from suit even in situations where the employer's belief that it had selected the "best" candidate "was the result of conscious racial bias." Bray v. Marriott Hotels

6. Gender Discrimination in the Workplace: As a lone dissenter in a 10-1 decision of the full Third Circuit, Alito would have made it more difficult for someone alleging discrimination to present sufficient evidence to get his or her case to a jury. In particular, Alito would have prevented a woman claiming gender discrimination from going to trial, even where she had produced evidence showing that her employer's claim that it had a legitimate reason to deny her a promotion was a pretext for the employer's allegedly discriminatory actions. Sheridan v. E.I.DuPont de Nemours and Co.

7. Racial Discrimination in Jury Selection: Alito cast the deciding vote and wrote the opinion in a 2-1 ruling rejecting claims by an African American defendant who had been convicted of felony murder by an all white jury from which black jurors had been impermissibly struck because of their race. The full Third Circuit reversed this ruling, and the majority specifically criticized Alito for having compared statistical evidence about the prosecution's exclusion of blacks from juries in capital cases to an explanation of why a disproportionate number of recent U.S. Presidents have been left-handed. According to the majority, "[t]o suggest any comparability to the striking of jurors based on their race is to minimize the history of discrimination against prospective black jurors and black defendants …" Riley v. Taylor

Besides, Frist says he isn't even going to let there be any debate on the nomination before the vote. In a democracy, this is reason enough for a filibuster. Debate is the keystone of any republic.

alito = filibuster

From NJ Now:

RUMOR HAS IT CLOSE TO FILIBUSTER: WE NEED MENENDEZ: FORWARD AD NAUSEUM

[Menendez, Lautenberg, Schumer (whose office is taking a tally) Reid, Feingold, Feinstein and Leahy and ask for a filibuster. Call Snowe,
Collins, etc...]

Also, call the "gang of 14".

Please take a few moments of your day TODAY to CALL Senator Menendez's offices. Let him know you expect him to continue his record of supporting women and their families, and that while you know these may be his first two weeks, we need these first two weeks to be his greatest.

**Tell his office you expect a filibuster!**

Bush has managed to get away with a lot by always being able to say " The Dem's gave their approval or Congress said I could do it". Hopefully today that stopped with the Dem's voting no on Alito. This type of excuse used by Bush reminds me of a kid saying "My mommy said I could".It's obvious Bush knows he's broken several laws and plans to break more so he has to stack the courts to make sure he doesn't get prosecuted for whatever law he breaks concerning this country and it's people. Iknew

The problem with Judge Alito is that he is not committed to the core attributes of a free man or woman:

Privacy
Integrity
Mobility
Observation
Expression

Indeed, Alito is of the school that believes that the purpose of the individual is to serve the interests of the state. From which it follows, logically, that the state should determine who lives and who dies and when.

I agree - Voting 'NO' is not nearly enough. Flibuster Alito!

I agree that a no vote is not enough. Not nearly enough.

While working the 2000 election campaign, I lost patience with the large number of people who claimed there was no difference between Democrats and Republicans. Al Gore was a brilliant, successful, respectable, honest, prepared, articulate man, married to a strong, caring woman. George Bush, his tongue-tied, dishonest, uninformed, chemical abusing, pompous bully opponent who had never succeeded at any of the few things he had done in his life was married to a Stepford wife. How could anyone not see the difference?

In 2001, Paul Patton (then Governor of Kentucky) delivered a speech that confirmed my belief in the Democratic Party philosophy. His explanation of why he was a Democrat renewed my pride in the party. It also made me realize how my interpretation of the party philosophy, and my focus on particular candidates instead of the parties during the 2000 campaign, had influenced my narrowed view and confusion. Governor Patton’s words healed the wounds from the stolen election enough to break my immobilizing grief and launch my battle to spread the word and activate my fellow Democrats.

Unfortunately, the Democrats seem to have cast their philosophy and Governor Patton aside about the same time. Today, I have a hard time seeing a respectable difference in the two parties. The Republicans might be leading in the race to corrupt our constitution and culture, but the Democrats share equal responsibility through their willingness to roll over and let it happen.
I’m grateful to Al Gore for his call-to-arms speech. I appreciate Senators Byrd, Kennedy, Feingold, Leahy, Representatives Murtha, Kucinich, and Pelosi, and others who have bravely stood up against the Republican take-over of most everything I hold dear. I’m disgusted with the media for not giving the Gore speech the attention it deserves, disappointed in the overwhelming number of Democrats who won’t support those who bravely try to lead, and sickened by those who apologize for their actions. I want to think some are just confused, believing nice is a requirement or virtue, when in truth nice and diplomacy are totally separate practices. Being nice at the wrong time, or with those who will exploit it is not a virtue; it is a cowardly concession. Sadly, I believe many have played the twisted Republican game so long they can’t remember the original rules.

I feel betrayed by my Party. On the whole, they give me Republican candidates disguised as Democrats, from the top down to the LD chairs and precinct captains. I don’t have a voice. Northup, McConnell, and Bunning embarrass or anger me every time they speak for me. They discard my opinions by responding with form letters that reflect no consideration for my intelligence or my opinions. Many Democrats in Washington forget how their opinions and votes affect all of us. They reject letters from anyone outside their states. The Executive branch bans me from their speaking engagements and won’t allow me to protest in their range of vision. I can’t afford to hear most Democratic politicians speak, much less offer my questions or opinions. My vote doesn’t count, and my Party concedes elections while voters remain in line to grovel for their right to cast a vote that probably won’t count anyway.

The political focus is on money, sex, a religion I want no part of, and keeping up with the Republicans in their game, with few representing what I consider the Democratic promise to protect individual choices or rights. In my opinion, the Democrats sold their souls along with the Republicans, ignoring those with the least money or power.

I beg you to give us candidates who honestly respect what the Democratic Party stands for, and who are passionate enough to stand up for what they believe. I beg you to give us candidates who will not try to sermonize or buy their way into the popular clique. I beg you to realize the split in the Party. Understand how many of us are tired of voting for Democrats who do not represent us, and will soon stop supporting a Party that has forgotten the things that truly are important to the people. The Democrats I know care about jobs, healthcare, and education. We don’t care about the sex lives or religious beliefs of others, and we know the only country threatening and mutilating our freedom is this one. And we don’t want the blood of the world on our hands.

Enough is enough. Please fight for an Alito filibuster, and encourage all Democrats to walk out on the State of the Union (sic) address as a show of solidarity against this administration. Give ‘we the people’ the catalyst we need to win this war on our country.

Well Folks, it looks like we have another Kennedy-like in Dr Deen! We finally found someone that can hit the floor with the Republicans and wrestle for our rights with the Republicans. I was so afraid the Kennedys were a dying breed for doing what is right. I have a lot more confidence for my grand children and great grand children & so on down the line to have people in Government looking out for them.
Gov.,Dr., and Presidental Campaigner, I will tell you like I told Teddy Kennedy, don't keep all that talent and technique on how to get to the bottom of things and come up with an answer, to yourself but pass it on to others.
Thank You Dr. Deen.

Finally, finally, finally - a thread on the USSC nomination.

This is big test for the failing Democratic Party. Is it willing to lose on principle? Until it's ready to do that, the steady drip...drip...drip of the loss of Senate and House seats will continue.

Thank you again, Governor Dean. You've done all you can do to help this party as chairman. If you want to do the real job, however, that being to bring this party back to the place where it is again the party that represents the weak against the powerful, the poor against the rich, and the individual against the many, you'll have to break your deal with the devil and declare your candidacy.

The thought of Hillary Clinton or Joe Biden or John Kerry being the standard bearer makes me rush to real estate postings for Costa Rica.

http://www.democrats.org/a/national/civil_rights/judicial_appointments/supreme_court/

Baron, here is a link to huge long page here at the DNC with all kinds of Alito research. Governor Dean has spoken out against him several times. Lots of good research at this link.

It is difficult to add more to the statements made above, but here is one more democrat who says it's time for our party to put up or shut up. Either we filibuster Alito, win or lose, or the democrats should just admit they don't have the leadership qualities it takes to maintain our democracy.

In short, anything less than a filibuster is a dramatic failure in my book. I urge Dems to just let Republicans use "the nuclear option." Let them make their bed--it will work against them when we take back congress and even if we don't take back congress (sigh), they will have no else to blame. Don't stand by and let it happen. Don't "go gently into that good night, rage, rage against the dying of the light." We need serious people for serious times. Quit thinking about your damn reelection status and start thinking about those of us who still have this man on the supream court screwing up our lives twenty years from now. Think about your daughters...their daughters. Think about your sons for that matter! Row V. Wade isn't a woman's issue after all. It is a humanist issue. I am still holding out hope that some of you Dems in power will do the right thing. I will hold that hope until the bitter end. Please.

If Alito is confirmed to the Supreme Court, I don't believe we need wait until he overturns Roe V. Wade. Rather than say they oppose abortion per se, many Republicans are trying to make an issue that Roe was wrongfully decided. In all elections from now until 2008 we should be pressing for the election of Democrats in all levels of government (State & Federal) for the purposes of ammending the Constitution(remember the proposed amendment protecting marriage) granting people a right to privacy which will protect everyone from the unwanted intrusions from "conservatism" on their reproductive rights, their rights to die, their freedom to use the internet, etc.

Then the Democrats have a duty to what the Democrats should do tomorrow.the Constitution by filibustering Alito.

And if the Democrats do not uphold the rights of the People they should be held accountable.

Daily Kos has an excellent thread regarding what the Democrats should do tomorrow.

Perhaps it would be wise that they read it tonight.

For the sake of our children, it is imperative that the Democrats start with The "extended debate"

The extended debate could be used as a platform to explain to the American People why Alito should not be confirmed...if done properly, could provide justification for fillibuster, so it doesn't just look like "obstructionism."

Then PLEASE help convince the Senators to filibuster. We have to at least put up the fight against the Bush-Rubber-Stamp to destroy our true Democracy.

Sunny -

All due respect, but on this blog for nearly the past two weeks not even "boo" was said about the nomination. Republican scandals, buy Democracy bonds, etc., sure...but nothing on the ascendency to the bench of another Scalia, another Thomas, another Roberts.

In my view, this is because the outcome of this "battle" is a fait accompli. The Democrats will make fine speeches about the road that Bush neo-conservativism is taking us down, but when it comes to airing out their balls for just a few weeks and filibustering this wretched nominee - EVEN WHEN THEY KNOW THEY WILL LOSE - they will capitulate.

The people who post the threads to this blog know it as surely as all the readers do, and that's why we haven't been seeing threads on the issue. As embarassing as it is to be exposed as a piteous, feckless party, it would be even worse to pretend otherwise for weeks and then only go out and prove it by playing submissive bitches to Republicans.

So I'll ask just one more time, and I wish one of you would answer me...Exactly why was the filibuster compromise engineered by the Seven Shitheads a "victory?"

Until mention by name, I thought Governor Dean's comments were describing Justice Ginsberg. I sure am glad he cleared that up.

Keep it up!!!!

Excellent, Governor!

Dems MUST move Heaven and Earth to stop Alito.

When the John Roberts's confirmation took place, the Dems had their blinders on. There seemed to be the mantra, "So what if Roberts is a Corporatist, aren't we all?" But that guilty sharing of allignment made the Dems BLIND to Roberts' DIFFERENCES, specifically that Roberts is part of the Bush Cabal! His private meeting with the Bush Administration prior to his court ruling on a key Bush issue proved this; he met with the Adminstration BEFORE he ruled on the detainee tribunal question! He was in on the Cabal's plan to restructure the American justic system. Roberts is more than a Corporatist; Roberts is a BushCabalist.

And Alito? The same. His brainchildren during his Reagan days have only grown to be dangerous grown-up ideas put to action -- from his rulings on the bench (denying juried trials, reproductive rights, etc.) to his prosyletizing on the Unitary (dictatorial) Presidency. And his role in the Cabal? This is what we need to see with clear eyes and ask about! A good place to start would be to ask Alito just where did his recent Exxon-Mobil stock 'inheritance' come from? Was it really delivered to him when he was nominated? It is on his financial report for this confirmation, and yet no one has inquired about it. Just because it looks foolishly obvious, doesn't mean it is benign. It is worthy of investigation until proven benign.

FILIBUSTER FILIBUSTER FILIBUSTER or face the consequences when the American people look to you for why Alito got in.

What the hell are the Democrats doing???? I feel like the Dem. Party has been rolling over and playing dead since 2000. Stand up and fight!!!!!! If you couldn't fight for the presidency in 2000 or in 2004, the least our Senators and Congress people can do for us is stop The Alito nomination.

Statement Of Senator Patrick Leahy,
Ranking Member, Committee On The Judiciary,
On The Nomination Of Samuel A. Alito, Jr.,
To Be An Associate Justice Of The Supreme Court Of The United States
Executive Business Meeting
Tuesday, January 24, 2006

This nomination raises the fundamental question whether the Senate will serve its constitutional role as a check on the President by preserving the Supreme Court as a constitutional check on the expansion of presidential power. Today I urge Senators and, in particular, Republican Senators, to approach this discussion with open ears and open minds.

This is a nomination that I fear threatens the fundamental rights and liberties of all Americans now and for generations to come. This President is in the midst of a radical realignment of the powers of the government and its intrusiveness into the private lives of Americans. This nomination is part of that plan. I am concerned that if confirmed this nominee will further erode the checks and balances that have protected our constitutional rights for more than 200 years. This is a critical nomination, one that can tip the balance on the Supreme Court radically away from constitutional checks and balances and the protection of Americans’ fundamental rights.

This past week I introduced a resolution to clarify what we all know, that congressional authorization for the use of military force against Osama bin Laden did not authorize warrantless spying on Americans as the Bush Administration is now claiming. I thought, we all thought, that when we joined in the bipartisan authorization of military action against Osama bin Laden more than four years ago, that action would have been more effective and have succeeded by now in ridding the world of that terrorist leader. I still hope that the clarifying resolution I introduced last week will become a bipartisan statement upholding the rights of all Americans.

As Justice O’Connor underscored recently, even war “is not a blank check for the President when it comes to the rights of the Nation’s citizens.” Now that the illegal spying of Americans has become public and the President has acknowledged the four-year-old program, the Bush Administration’s lawyers are contending that Congress authorized it. The September 2001 Authorization to Use Military Force did no such thing. Republican Senators know it, and a few have said so publicly. We all know it. The liberties and rights that define us as Americans and the system of checks and balances that serve to preserve them should not be sacrificed to threats of terrorism or to the expanding power of the Government.

In the days immediately following those attacks, I said, and I continue to believe, that the terrorists win if they frighten us into sacrificing our freedoms and what defines us as Americans.

I joined with others, Republican and Democrats, and we engaged in round-the-clock efforts over the next months in connection with what came to be the USA PATRIOT Act. During those days the Bush Administration never asked us to amend the Foreign Intelligence Surveillance Act to accommodate the spying on Americans they were already undertaking contrary to law. That law does contain an express reservation for the 15 days following a declaration of war by the Congress. But neither when Attorney General Ashcroft demanded that we pass his so-called Anti-Terrorism Act proposal that he presented us on September 19 or at any time in September 2001 or thereafter has the Bush Administration sought congressional authorization for the NSA spying program that affects Americans. Indeed, Attorney General Gonzales admitted at a recent press conference that the Bush Administration did not seek the legal authorization of the NSA spying program on Americans because “it was not something we could likely get.” Consider that damning admission. It is utterly inconsistent with the Bush Administration’s current argument that Congress authorized warrantless spying on Americans.

The Bush Administration’s after-the-fact claims about the breadth of the Authorization to Use Military Force are the latest in a long line of manipulations and another affront to the rule of law, American values and traditions. We have also seen this type of overreaching in that same Justice Department office’s twisted interpretation of the torture statute; with the detention of suspects without charges and denial of access to counsel; and with the misapplication of the material witness statute as a sort of general preventive detention law. Such abuses serve to harm our national security as well as our civil liberties. By way of illustration, sources at the FBI reportedly say that much of what was forwarded to them to investigate from the NSA spying program was worthless and led to dead ends. That is a dangerous diversion of our investigative resources away from those who pose real threats, while precious time and effort is devoted to looking into the lives of law-abiding Americans.

Throughout the Alito hearing, from my opening statement on Monday afternoon, to my first questions on Tuesday morning, to my last written question, which received a response last Friday, I asked Judge Alito about these matters. I am not reassured.

The Need for an Effective Check on Unfettered Presidential Power

A central question during the hearings on this nomination was whether Judge Alito would serve as an effective constitutional check on the presidency. We have a President prone to unilateralism and assertions of Executive power that extend all the way to illegal spying on Americans.

Preventing government intrusion into the personal privacy and freedoms of Americans is one of the hallmarks of the Supreme Court. There is no assurance that Judge Alito will serve as an effective check and balance on government intrusion into the lives of Americans. Indeed, his record suggests otherwise.

We know that Samuel Alito sought to justify absolute immunity for President Nixon’s Attorney General John Mitchell from lawsuits for wiretapping Americans, among other violations of their privacy. That is immunity even if the Attorney General acted willfully to violate their rights.

We know that as a judge, Samuel Alito was willing to go further than even Michael Chertoff, the former head of the Ashcroft Justice Department’s Criminal Division, a former U.S. Attorney, and the current Secretary of the Department of Homeland Security, in excusing government agents for searches not authorized by judicial warrants. We know Judge Alito would have excused the strip search of a 10-year-old girl that was not expressly authorized by the search warrant.

We know he was part of the effort within the Meese Justice Department to expand the use of presidential signing statements to increase the president’s role in construing what a law passed by Congress means. That is the practice that the Bush Administration has taken to new heights. This President does not veto laws with which he disagrees as contemplated by the Constitution. Instead, he signs them and then picks and chooses what he will faithfully enforce. Often the Bush Administration makes a unilateral statement declaring what it will not follow or how it will choose to construe the measure. In these signing statements, the President is reported to have relied upon the theory of the “Unitary Executive” more than 100 times.

This is not just theory, it has practical effects on Americans’ lives and liberties. We saw it recently in the President’s signing statement on Congress’s declaration against torture and cruel, inhuman and degrading treatment of detainees. After months of obstruction and delay by the Bush Administration, Congress passed a bill last month containing a provision against torture known as the McCain Amendment, which Senator Durbin and I cosponsored. The McCain Amendment was passed overwhelmingly by large bipartisan majorities in the Senate and the House after being stalled for months by this Administration. Vice President Cheney lobbied against it. The Administration tried to create a loophole in the law to get out of following it. When Congress said no, the President had a widely-publicized meeting with Senator McCain at the White House to announce that they had worked it out and that President Bush now agreed to the prohibition against torture.

Shortly after that meeting with Senator McCain, after Congress had enacted the measure and the President had signed it into law, the President released a signing statement proclaiming that his Administration would construe the law “in a manner consistent with the constitutional authority of the President to supervise the unitary Executive branch.” Many of us, Republicans and Democrats, are concerned that the President is still trying to have it both ways. He is apparently signally that he thinks that he can choose to disregard the law, at his discretion, based on his own self-serving view of his powers.

A Deferential Nominee At a Pivotal Point in History

In this blessed land, with the constitutional legacy that has been entrusted to us through the blood, sweat and tears of earlier generations of Americans, we must not yield to the temptation to sacrifice our liberties and our way of life. If we do, the terrorists win. Benjamin Franklin warned against such a choice when he observed: “Those who would give up an essential liberty for temporary security, deserve neither liberty or security.” With enough effort and foresight, we can and we should demand both.

I chaired the Judiciary Committee after the 9/11 attacks, and in working with the White House and with congressional partners in crafting the USA PATRIOT Act, I pushed hard to add a variety of checks and balances, such as judicial review and sunsets, to many of its provisions. The Bush Administration resisted those additions at the time, but today they brag about them as if they were their own.

This President has made some of the most expansive claims of power since American patriots fought the war of independence to rid themselves of the oppressive rule of King George III. This President is claiming power to illegally spy on Americans, to allow actions that violate our values and laws protecting human rights, and to detain U.S. citizens and others on his say so, without judicial review or due process. This is a time in our history when the protections of Americans’ liberties are at risk, as are the very checks and balances that have served to constrain abuses of power for more than two centuries.

The Supreme Court is the ultimate check and balance in our system. The independence of the Court and its members is crucial to our democracy and way of life. The Senate should never be allowed to become a rubber stamp, and neither should the Supreme Court. I asked Judge Alito to demonstrate his independence from the interests of the President, and he failed that test.

A President’s Choice

We know Judge Alito took time from his busy schedule and docket to attend a Federalist Society convention in Washington just days after the presidential election in 2000 to discuss his adherence to the theory of the “Unitary Executive” and criticized the Supreme Court for upholding the constitutionality of the independent counsel statute. He went so far as to call the “Unitary Executive” “gospel” and to say that in his view it “best captures the meaning of the Constitution’s text and structure.”

That audition before the Federalist Society appeared to work, reminding those advising the new President that they had a known quantity in Samuel Alito. It led to a White House interview in connection with a possible future Supreme Court vacancy shortly thereafter in 2001. Judge Alito had other meetings and interviews but the key one took place in May 2005 with Vice President Cheney, Scooter Libby, Karl Rove and others at the White House. It was months before Justice O’Connor made her announcement to retire – that came in July. But in May, Judge Alito was called to a meeting with this Administration’s key political strategists.

I suspect that the answer to the question Judge Alito posed at the hearing regarding how he got the nomination can be answered in large measure with regard to his demonstrated deference to government power, his adherence to the “Unitary Executive,” his rulings in favor of government intrusions, and whatever he said in his job interviews at the White House that convinced those advising this President that he will be a reliable vote against challenges to presidential power.

No President should be allowed to pack the courts, and especially the Supreme Court, with nominees selected to enshrine presidential claims of government power. Our system was designed to ensure a balance and to protect against overreaching by any branch. The Senate should not be a rubber stamp to this President’s effort to move the law dramatically to the right and to give him unfettered leeway. I will not lend my support to an effort by this President to move the Supreme Court and the law radically to the right and to remove the final check within our democracy.

I voted for President Reagan’s nomination of Justice Sandra Day O’Connor, for President Reagan’s nomination of Justice Anthony Kennedy, for President Bush’s nomination of Justice Souter, and for this President’s recent nomination of Chief Justice Roberts. I cannot vote for this nomination.

At a time when the President is seizing unprecedented power, the Supreme Court needs to act as a check and to provide balance. Based on the hearing and his record, I have no confidence that Judge Alito would provide that check and balance. I will vote against granting the Senate its consent to this nomination by this President.

# # # # #

Thanks to CSPAN, I know to Sen. Leahy to be one of the smartest and strongest defenders of the Constitution. He is a true Patriot. THANK YOU. Leahy makes me very proud to be a Democrat. Hearing the supporters of Alito, compared to Leahy, is a joke. I'm amazed at how far they go to lie about Alito.

I think the "silver lining" is that we know now how the Democrats are the real party of the Constitution. I admit, I'm not a fan of abortion. But I won't put my church in front of the Constitition. Now we know who panders to religious extremists in order to rally a special interest on the far right of the Christian ideology. I glad someone will defentd the Constitution, because that is what makes America unique, special, strong and free.

The Republicans can only point to the ABA level of highly qualified. Big deal. One of the factors they use is "compassion." What a JOKE! Like they have a compassion meter. HA! If they did, I wonder how it worked we the COMMUNITY went to court after the polluter had 150 violations, and ALito said that even thought they get water from the river, and fish to eat, and a place to swim, they really didn't prove any damage. OUTRAGEOUS! Alito is a rubber stamp for corporate polluters. Now we know why the corporate media is hiding the truth about ALito and over-representing his support. Because the corporations want a hack that will allow THEM, the companies they are owned by (NBC=GE and Westinghouse=CBS), to not be responsible for the existing SUPERFUND sites that have polluted America. And that's just the "tip of the ice berg." Thank Democrats for defending our Constitition. NOW FILIBUSTER THE EXTREMIST!

FIGHT!!!!!FIGHT!!!!!FIGHT!!!!!FIGHT!!!!!FIGHT!!!!!FIGHT!!!!!FIGHT!!!!!FIGHT!!!!!FIGHT!!!!!FIGHT!!!!!FIGHT!!!!!FIGHT!!!!!FIGHT!!!!!What the hell are you people doing???? I feel like the Dem. Party has been rolling over and playing dead since 2000. Stand up and fight!!!!!! If you couldn't fight for the presidency in 2000 or in 2004, the least our Senators and Congress people can do for us is stop The Alito nomination.

The time has come to stand and fight. It is better to die on your feet than to serve on your knees. FILIBUSTER, For the sake of the Country. For the sake of Freedom. STAND and be counted, FILIBUSTER. Make them use Frisks nuclear option. It will come back to bite them many times over if they do.

Filibuster, even if the Reps do their 'nuclear option'. Flush them out.

Today, most Americans are blind to what is transpiring at the Capitol; they are unaware of the totalitarian atmosphere and lack of debate that now dominates the Republican-majority Houses of Congress! Most Americns are unaware that legislation is being passed with all previous protocols side-stepped, so that there is so little minority participation allowed, a time traveller from the past would not recognize our federal legislature!

Let the American people know this majority party is no longer fulfilling its duty as a separate branch of government, SEPARATE FROM THE EXECUTIVE and the Executive's desires! A FILIBSTER will do that! It will communicate to the people that there is indeed a crisis.

Remember the day Rep. Sensenbrenner turned off the microphones so that the Democrats could not participate fully in the Patriot Act hearings? That was the day it was clear to me that totalitarianism was here, NOW. Chilling. And majority behavior of this kind indicates there is no longer a reason to act in good faith! The Bush Team goals will be unchanged whether there is a filibuster or not.

And to communicate by means of the filibuster to the American people that a crisis is here -- that is reason enough to have it. And regarding Alito, even if few minds are changed on the majority side, a filibuster will alert the citizenry that they are NOT being represented in the halls of the Capitol because their legislators are being bypassed, the Constitution is being by-passed! Let the citizens know! It is time Americans knew as much as foreign observers do about what is going on in Washington.

Filibuster for our future.

The "artful dodge" is not exceptable for a lifetime appointment. The Constitution does not say ask the right-wing leaning ABA if the nominee is "well-qualified." The Constitution provides for "Advice and Consent" from the Senate.

And when the evidence says Alito is "not qualified," we need to hear the truth. I'm very disgusted at the ethics of Senator Brownback of Kansas who stacked the deck, and worked to hide the truth from Americans when a respectable group labeled him "not-qualified." Senator Brownback pulled a very unfair and unethical stunt:

The Disappeared Witness
Brownback cites witness who was pulled to avoid embarrassment for Alito supporters

Earlier today Senator Sam Brownback submitted into the record a letter from Cathy Fleming as evidence that Alito is not biased against individual rights in favor of business and government. Fleming, a former colleague of Samuel Alito, was scheduled to testify on his behalf tomorrow.

Brownback may not have known that Fleming, who is the president-elect of the National Association of Women Lawyers (NAWL) and served under Alito when he was a New Jersey U.S. Attorney, was pulled from the witness list this week after the NAWL released its rating of Alito: “not qualified.”

The NAWL evaluated Alito’s “writings, including his judicial record,” and found that he “has shown a disinclination to protect or advance women's rights.” Furthermore, the organization found that Alito’s “jurisprudence in the area of women's rights has not been restrained” and that “he has too often engaged in strained legal reasoning to effect a narrowing of women's rights beyond the intent of statutes and precedent.”

“Fleming’s absence speaks volumes,” said Ralph G. Neas, president of People For the American Way. “Her organization’s evaluation gets to the very heart of concerns over Alito. Yanking her from the schedule is just one more attempt to sweep inconvenient facts about Alito under the rug.”

Neas noted that Chief Justice John Roberts was deemed “qualified” last year by the NAWL.

“It’s yet another difference between Alito and Roberts,” he said.

Updated witness list, without Fleming: http://www.judiciary.senate.gov/hearing.cfm?id=1725

NAWL’s evaluation of Alito: http://biz.yahoo.com/prnews/060108/nysu044.html?.v=1

NAWL’s evaluation of Roberts: http://www.abanet.org/nawl/news/release092005.html

The witness list as of last Friday, as released by Senator Arlen Specter’s office. Fleming appears under panel 5: http://www.dailykos.com/special/alito_specter

Well waddaya know...

Casey announces endorsement of Alito

Can finally cut the issue-less ideology-free crap that Kos and Co are promoting to sell their book and look at the reality of what happens when supposed Democrats support GOP issues and ideologies over the concerns of their own base.

I don't think it gets clearly than this. It has to be Pennachio or nothing...Casey is no longer an option.

Instead of wasting energy and money on Casey it is better to use to strengthen state policies inoculating them against the rubbish that Casey or Sanatorum will pass in the Senate.

TRANSCRIPT: SENATOR BIDEN'S STATEMENT ON THE VOTE TO NOMINATE JUDGE SAMUEL ALITO TO THE SUPREME COURT
01/24/2006

U.S. Senate Judiciary Committee Hearing To Vote On The Nomination Of Judge Samuel Alito To The U.S. Supreme Court

BIDEN: Thank you, Mr. Chairman. And thank you for conducting a good hearing.

In Senator Hatch's absence, I want to thank him for once again explaining why we're voting no; those of us who are voting no.

I plan to vote no on the nomination of Judge Alito to the Supreme Court, and I do so for three reasons: first, his expansive view of executive power; secondly, his narrow view of the role of the Congress; and third, his grudging reading of anti-discrimination law reflecting, in my view, a lack of understanding of congressional intent and the nature of discrimination in the 21st century.

First, Judge Alito's expansive view of presidential power: In 1984, Judge Alito wrote that he did not, and I quote, "question the authority that the attorney general should have absolute immunity," end of quote, in cases involving wiretaps.

In 1986, he drafted a proposal to make full use of presidential signing statements in order, and I quote, "to increase the power of the executive to shape the law," end of quote.

In November of 2000, he said that, quote, "Unitary executive theory best captures the meaning of the constitutional text and structure."

At his hearing, Judge Alito did not, in my view, answer our questions directly on these points and, in doing so, confirmed my view that he should not be confirmed.

For instance, Justice Thomas in the Hamdi dissent lays out views of unchecked unitary executive to wage war and exercise foreign policy.

Although Judge Alito says his interpretation of the unitary executive was much narrower and that he couldn't recall Justice Thomas using that term, I find his explanation not at all convincing.

Most use the term "unitary executive" in the manner in which John Yoo, the legal architect of the administration's views, conceives executive power, as well as the Professor Calabrese, who was quoted by Senator Kennedy.

I asked Judge Alito whether he agreed with Professor Yoo's reasoning that would allow, even in the absence of an emergency or imminent threat, the president under his plenary power to invade another country, to invade Iran tomorrow, no matter what Congress says.

Judge Alito declined to answer such a basic, fundamental question.

Second, Judge Alito has a very narrow view of congressional power.

I'm convinced that Judge Alito will join with the present members of the court who have struck down three dozen federal laws, more than six times the rate of activism over the history of our republic, laws which said you can't have guns within a hundred to a thousand feet of an elementary school, laws battling violence against women, laws requiring the clean-up of low-level nuclear waste and laws designed to ensure freedom of religion.

On the bench, Judge Alito has fully embraced, in my view, even aggressively sought to increase this new activism. When Chairman Specter asked Judge Alito whether he would, quote, "overturn congressional acts, because Congress's method of reasoning," end of quote, Judge Alito gave the following, I think, very interesting answer, not followed up on: Quote, "I think that Congress' ability to reason is fully equal to that of the judiciary."

I watch the folks in the audience nod their head like that's a very good answer. That's a very bad answer. That means that he believes that the rational basis test upon which Congress makes its judgment can be overruled by the court.

Congress's reasoning is why we did what we did, after all -- because we are able to have hearings. We can call witnesses. We can build a record, all things the court cannot do. Judge Alito's answer seems to question this bedrock principle.

And, third, Judge Alito lacks the understanding, in my view, as to how prejudice plays out in the real world and has a very restrictive view of the anti-discrimination legislation that Congress has passed over the last 30 years.

Last week, I was thinking, as I was preparing to speak before a Martin Luther King event, like many of us, probably all of us here did in our home states, about Dr. King.

And I reread -- I reread -- his letter from the Birmingham jail, in which he laid out the following standard: He said, and I quote, "When you are harried by day and haunted by night by the fact you are Negro, living constantly at tip-toe stance, never quite knowing what to expect next, and you are plagued with inner fears and outer resentments, when you are forever fighting the degenerating sense of nobody-ness, then you will understand why we find it difficult to wait."

We shouldn't wait. We should own up to the fact that prejudice is still around and has moved. It's not quite the prejudice of the '60s when you would say, well, we don't want any blacks here, or more descriptive terms.

Now it's more subtle. They say, we are not sure you'd fit in. New words, for old sins.

All public officials including judges in my view must understand prejudice still lurks in the shadows. And my examination of Justice Alito's record demonstrates to me that he does not look into the shadows.

He disagreed with all 10 of his colleagues who would have overturned the jury in Barbara Sheridan's case, stating that an employer may not wish to disclose his real reasons for making personnel decisions.

In another solo dissent, he would have deferred to a corporation's, quote, "subjective business judgment." An approach his other colleagues said would, quote, "eviscerate the anti-discrimination law."

Judge Alito told me, and I quote, "I can't know everything about the real world." So in the Family and Medical Leave Act case, he discounted any gender-related connection, despite the fact that one in four people taking sick leave were pregnant and one of the reasons we wrote the law, one of the reasons we wrote the law, was because we know about the stereotyping of women.

When I look at all the evidence before us, Judge Alito's writings, his statements, his judicial records, and his opinions, and the little we learned about him in these hearings, I am forced to conclude that he should not serve in the Supreme Court. I will vote no.

SPECTER: Thank you, Senator Biden.

hey Peace, I came in just to post that article on Casey. I have been leery of the guy right along, but now we know, we will just have another DINO, Centrist on our hands, who will try to ride that fence so he does not look too too liberal.

The DLC HAS to go. I have written them over and over via their site. I hope others are doing the same.

DLC Golden Boy Casey French Kisses Alito

How much proof does any Democrat need that the DLC is a toxic, destructive, republican influence on the Democratic party. Their favorite son, their "golden boy" choice to run against Rick Santorum in what will be the most watched campaign of 2006, has come out in support of Sam the unitary-presidency-fascist Alito.

It is time for the mainstream members of the Democratic party to tell the right wing extremist DLC members to GO TO HELL. Get out of the party. Take a hike. Come out of the closet as the right wing republicans you really are. Start voting Republican. Maybe you can help the remaining sane republicans to take back their party from the nutcase theocrats who took over their party.

Casey's lead has already started collapsing. He had a 16 point lead a few months ago, and recent polls put him at a 10% lead. That's the way he's functioned in the past too.

The DLC should be an issue in all Democratic elections. Every progressive democrat, every Democrat who wants to win should be demanding to know where any Democratic candidate stands on the DLC. And DLC supporters should be rejected at the primary level-- incumbents included. Period.

http://www.opednews.com/articles/opedne_rob_kall_060125_dlc_golden_boy_casey.htm

Our President deserves the greatest latitude in his nominations and deserves our respect. Although it is the duty and responsibility of congress to scrutinize and to reject or confirm those nominations I believe that acceptance is warranted unless compelling evidence finds a nominee unsuitable.
Democrats had their chance in 2004 but little attention was given to the aging justices. Our voice was weak and the only loud rhetoric on the topic of the Supreme Court was abortion. Abortion is the very issue that polarizes America and is the very issue that has cost the Democratic Party a great deal of support. The topic of the Supreme Court was an opportunity to voice numerous issues favorable to the Democratic Party but as a result of the tunnel vision on abortion many important issues were disregarded.
Now Americans must tolerate decisions like Castle Rock vs. Gonzales and live with the idea that while me must pay the taxes to support law enforcement we are not necessarily afforded protection under that once coveted shelter. We have seen eminent domain broadened and the Fifth Amendment narrowed in cases like Kelo v. New London and must now tolerate the new powers of government and big business to take private property with a simple mission statement.
Democrats did not know these things were going to happen in 2004 but the people should have been made aware of the possibilities in that election. And because that message did not reach the voters they have no point of reference with which to gauge their electoral decisions. Ignorance must now prevail in yet another election because the last election was conducted in the usual and shameful style of sound bites and catch phrases.
Both Parties are guilty of these high priced popularity contests without substance and thus the Republicans simply out maneuvered and out spent the Democrats. In the world of advertising money gets talent and talent gets results. Our national elections are a shameful display of adolescent democracy and they demean our people and decay our government. And this is unacceptable in a world where news travels at nearly the speed of light. In web sites like Vote Smart both parties were silent in 2004.
When America allows a gleeful cheer from a chosen candidate to disqualify him we deserve the ineptness that follows. And to blame the media for abandoning the issues while focusing on a single emotional moment is almost as ignorant as being influenced by inferior journalism.
You know that my practical statements are modest when I tell you that the Democratic Party lacks the ability to unite the people in a common cause. And if our cause is simply to replace Republicans then we indeed lack vision. Our ideas are good and our talents are many. We Democrats understand the disastrous deficits that face this nation and we know that liberty is threatened. We understand that energy dependence and environmental issues are linked and we have credible and workable solutions.
Democrats are tired of this current administration telling America that fuel cells, hydrogen fuel, electric cars, solar power, and so many other workable ideas are impractical. We know when we are being deceived and we do not blindly follow.
We are all a great people, Republicans and Democrats alike but we must unite to achieve a successful future. And while it is important and proper to focus on an individual nomination to this high court it is better to focus on the Court’s direction during elections. Our Supreme Court is a corner stone of our republic and impossible to ignore in a successful election.

ineresting basic, but the republicans are already anticipating that reaction and democrats are notoriously good at letting republicans define democtraic democratic issues in a negative light.

How long can the democratic party put off naking a stand in preparation for 'future action'. By the time the elections come, the court is lost, and don't think the republicans won't capitalize on that 'win' to their own constituents.

Howard Dean,

What's up with, "When the full Senate votes on this nomination, Judge Alito should be rejected."???

Where's the fillibuster???

This guy is bad for America!!!

The spineless Democrats are kowtowing to the Republicans once again.

Friggin Democrats, you're all so worthless.

Remember the day Rep. Sensenbrenner turned off the microphones so that the Democrats could not participate fully in the Patriot Act hearings?

Posted by nora on January 25, 2006 at 01:05 AM

No, I didn't know that. So this has been going on that long and still the Democrats Senators are not fighting back? What are they afraid of happening if they filibuster?

I would like one of our Senators to come to this forum and explain how the nuclear option is any worse than the current status quo. They owe us an explanation. If not, we can only assume they don't care what we think or that they are too ashamed to face us.

Tim, please ask one of our Senators to address us on this matter.

Filibuster, if not now........when?
I'm rapidly losing faith Democrats will STAND UP to any of the grievances progressives feel are ruining this nation.
The Party is making a huge error if they think the overly cautious three piece suit DLC folks are going to win them elections, and certainly not primaries.Once there is no hope for redress in the Courts, (after Alito.) Democrat's only recourse will be in the streets, and if you want to see where that leads watch the 1968 Chicago convention footage. Either tap into the outrage in every major city, or have it vented outside the Convention.

Little by little, one step at a time the executive branch and the republicans are snatching away the right of the public to know and this make good judgements at elections.

The appointment of Judge Alito will put us dangerously close to an executive branch or the president who will have absolute powers.

The average American seems oblivious to this. I urge aaaathe democrats in the Congress to pull all stops to prevent this appointment.

Little by little, one step at a time the executive branch and the republicans are snatching away the right of the public to know and this make good judgements at elections.

The appointment of Judge Alito will put us dangerously close to an executive branch or the president who will have absolute powers.

The average American seems oblivious to this. I urge aaaathe democrats in the Congress to pull all stops to prevent this appointment.

Where are the Democratic Senators that have the courage of several Democrats in the House,
(ie.Murtha, Conyers, Slaughter,and Barney Frank?)
Where are the democratic Senators with half the courage of Maureen Dowd and Molly Ivins?

We deserve answers!

Let's say the situation was reversed.

Would the Republicans fillibuster Alito?

Of course the would.

Democrats, show some spine!!!

Mensakie:
"You can't have one definition for "life" for people in ICU rooms, and an entirely different one for those in the delivery rooms."

That's fine. The PATIENT should make the call based on ADVICE from the DOCTOR, not a bunch of politicians who pander to wing-nut extremists, like Frist did in the Schivo case. That would be "big government" gone out-of-control. You do know that central nervous system can be damaged by environmental factors, and things like alcohol, at a very young age. So if parents were to have the unfortunate news at 26 weeks that the FETUS developed wrong and would never have normal brain function, then the couple still must have the FETUS grow to a child, AND COST THE FAMILY AND GOVERNMENT ABOUT A MILLION DOLLARS OVER JUST A FEW YEARS, AND ALWAYS REQUIRE FULL SUPPORT? Talk about a crime against the couple and the state.

Leave it to a Priest that says nothing about the actions of his life-wrecking peers, but wants to limit a woman's right. We really need people that pander to extremists, like Frist, indifferent priests to pedophilia, and wackos like Pat Robertson making the decisions that should be made by the family and a doctor? Are we talking about China or America?

"Do you think she is less radical an nominee from the Right's point of view, than Alito is to the Left?" This is a talking point used by Orin Hack or Sessions, and it's a LIE. First of all, Ruth B.Ginsburg DID NOT decent anywhere near the amount of times that Alito decented. Ginsberg WAS in the main-stream. Alito is not. Secondly, Ginsberg offered much more philosphy to the Judiciary committee. Thirdly, Clinton went to Hatch and asked who would work, and Hatch suggested Ginsburg because she was in the main-stream.

Your (Sessions) reasoning is like "Mother Teresa is as good of a person as Saddam Hussain is a bad person, so why I can't I pick Hussain for Sainthood?

Alito was scolded by his Reagan appointee peers he's so extreme. NOBODY decented more than Alito. Did you hear what he did to plainiffs time and time again? It's a fact he does NOT apply the law fairly, he's biased, and he prevents people from reaching court for justice. Ginsberg had none of these issues and problems. FILIBUSTER ALITO!

The stock reply to Republicans,from any senate Democrat getting nasty slurs about their not supporting Alito, Throw it in THEIR FACES, their fringe groups wouldn't allow Harriet Miers EVEN A JUDICIARY HEARING!
That little "throw Momma from the train" stunt the radical right staged, is going to come back and BITE THEM where it hurts.

mc

please don't direct your anger at Howard Dean and the DNC.

He/they have absolutely No power nor control over Senators nor congressmen. I don't think Howard can even Suggest what he thinks they can do. You think a Kennedy or Biden is going to have Howard Dean giving them orders? Not hardly.

Go to the DSCC. that is the Democratic Senatorial Committee. that is where they are all members of. Tell them to get their membership in order. Tell them to have Senators grow some spine. Tell them what you want the Senators to do.

info@dscc.org = email address.

PamB,

Howard Dean should not be saying things like, "When the full Senate votes on this nomination, Judge Alito should be rejected."

I am disappointed he made such a statement and can be upset about it. It is a weak statement, said from a position of weakness.

Everything else Howard Dean said was fine. But his last sentence undermines the Democrats ability and willingness to filibuster. Saying nothing would have been better.

Filibuster!!!!!! Filibuster!!!!! Filibuster!!!
Who cares if the dumb asses invoke the nuclear option. He's going to be confirmed no matter what anyway. Might as well go down swinging with some backbone and know that eventually, WE will have the majority and their hands will be tied and they will have created this monster! And the public can see how it's like to live in a land where the minorities don't have a voice without the filibuster. Now's the time to show some strength!

A report on the democrats.com website, quoting a "progressive source" that met with Senator Reid yesterday, says that all but 8 Democratic Senators HAVE AGREED TO FILIBUSTER. I have no personal knowledge of whether that report is true or not. I DO KNOW THAT ALITO IS FROM THE CARL SCMITT-HITLER MOLD and THEREFORE WE MUST DO EVERYTHING IN OUR POWER TO STOP HIM. I applaud everyone of you on this blog for your efforts and KEEP MOVING WITH CALLS TO THE SENATE NOW AND LATER as it will take a STAMPEDE OR AVALANCHE ON THE HEADS OF THE SENATORS TO FORCE THEM TO GO BEYOND MERE PARLIAMTARY POSTURES AND MODES TO ACTUALLY STOPPING ALITO COLD!! Remember, in effect, the DEMOCRATS CAN VETO ALITO!!! (there is no excuse for not succeeding)!!

The numbers to reach the Senate are 1-888-355-35-88 or 1-888-818-6641 or 1-800-426-8073.

Remember when the history of this corrupt neo-con bunch of traitors controlling W is written, it definitely SHOUD be called, "The Rise and FALL of the Third BIKE."

Voting against Alito is not a show or strength, solidarity or power. FILIBUSTERING this nominee is the only way to stop him. Showing polite disagreement with the Republicans in power has done NOTHING for the Demorcatic party except to make sure we LOSE on the important issues and LOSE in the elections.

Filibustering is a legal right, and if the Dems don't use it now, this country is screwed and the Dems in Congress can take responsibility for letting that happen.

Everything else Howard Dean said was fine. But his last sentence undermines the Democrats ability and willingness to filibuster

like I said, mc, Howard Dean is Not the voice for the Senators! Kennedy, Kerry, Clinton, Biden, etc, do not take orders nor suggestions from Howard. these Senators were not going to Fillibuster from day one! Not one of them has the guts to take a stand. Has nothing to do with DNC and Howard.

If NOW is not the time to FILIBUSTER, then WHEN? Do we have to leave the Democratic party? Do our elected Democratic representatives hear us?! Filabuster Alito or BUST!

I love this quote at cnn.com today (http://www.cnn.com/2006/POLITICS/01/25/alito.ap/index.html):

"The only way Democrats could stop Alito is through the filibuster, a maneuver they show little interest in trying. Thus Democrats are working to get a large opposition vote to score points against President Bush."

Apologies for the sports analogy...

So if your team makes it to the Super Bowl, scores 10 points but loses, you can always say, "At least we scored some points!" What a pathetic argument.

If NOW is not the time to FILIBUSTER, then WHEN? Do we have to leave the Democratic party? Do our elected Democratic representatives hear us?! Filabuster Alito or BUST!

PamB, even if they were not going to filibuster from day one, Howard Dean doesn't have to let the Republicans know that by making that last sentence.

It's kind of like saying, "Yes I know we're pathetic, but what can I do..."

I am having the hardest time with the democratic senators. Why not filibuster? Why not show the world that there are people in this country who are fed up with the current administration. The democratic senators must remember something very important. There are thousands, maybe even millions of democrats living in this country that don't have representation because they happen to live in a red state. Those senators don't just represent their own constituents, they also represent the other dems in our society that don't have a voice. That is why all of the dems in the Senate should stand up and oppose this nomination loud and clear and let everyone in the world know that there are people here that see that the emperor wears no clothes.

Barbara Boxer made a very good speech about Alito on the Senate floor, but I would have added a couple sentences to it.

...."Which is why I intend to lead a fillibuster"

or this might get the attention of the Senate Republicans,

"You'll take a woman's reproductive CHOICE, Civil Rights, and the EQUAL powers of the Legislature
.......out of my cold dead hands!"

Many years ago I worked on a rock crew blasting stone to clear a path for a pipe line. I worked hard but lost my lunch daily thinking that perhaps the noise and vibrations of the drill was upsetting my stomach. I was terminated by a foreman who genuinely seemed concerned about my health. Although I was devastated I was relieved to end the daily suffering.
When I went to pick up may last paycheck I was asked at the head office to explain what had happened and why I was being asked to leave. During that conversation I learned that the foreman had neglected to issue me safety gloves which would have prevented skin exposure to the chemicals in the explosives. It was the chemicals that were making me sick.
I was sent back to the job site by a man who knew that I had been discriminated against in a most appalling manner. The next morning at dawn when I reported back to work I was surrounded by a group of men and accosted by the general foreman, a rather tall Texan, who uttered, “Boy can’t you see we don’t want any damn wetbacks working here?” I left without hesitation.
The dark side of humanity is concealed by smiles, words of concern, and even on occasion by tears of genuine remorse. But bigotry is always supported by apathy.
Discrimination is not a one time event for minorities it is continuous. It is an ingredient baked into their daily bread. But I can tell you that most all men and women desire to be fair and good. But survival seems limited and the fear that controls us breeds a competition that sometimes exceeds the desire to survive.
Therefore as a nation we support people who will make the ugly choices that we personally find repulsive. We construct a system to limit the survival of some so that others might have more. And then like God creating the world we see what we have done and say to ourselves that this is good and then we rest in the comfort of abated fears.
But there are those like you who will not rest until the light of justice exposes the world entirely.

don't forget all. Polls have shown that the American people in large majority, think alito SHOULD be confirmed ! We are working with the same, stupid, ignorant, uninformed people who went in a year ago and pulled the lever for Bush!

IMO, the Democrats think they will alienate the public. I personally think that the show of strength, whether they agree or not, will boost the reputation of Democrats up Greatly!

PamB; SHUT UP

Stop callin the american people names you cunt. Maybe your party IS LOSING BECAUSE YOU ACTUALLY HAVE BAD IDEAS. How pompus of you to think that the american people are stupid when the majority doesnt want anything to do with you people. Stop you bitching. You hate everything thats republican. You think you have nothing to do with the newest "scandal"? You have another thing comming. YOu say the dems have been "rooling over"? Ar eyou retarded? they have been doing nothing but opposing EVERYTHING from the right. You Blame President Bush for everything. That sounds to me like you have zero self respect and cant take any responsibility for your own stupid actions. You dems are fit to be tied right now by reading all these posts! Yes please, try and fillibuster someone you confirmed twice previously..sure that makes sense. YOU liberals having a hissy fit because your power is going bye bye. You are so demented that the you blame "stupid Americans" on your loss of elections. You, BITCH are pathetic

So are the Democratic Senators who are not on board with a filibuster really representing the GOP likes of Truthmonger and all his HATE and UNHAPPINESS instead of PamB? You BET THEY ARE!!

President Bush's remarks following his meeting with former Alito law clerks:

"Thank you all very much. Thank you all for being here. I just finished a meeting in the Oval Office with a group of distinguished lawyers, many of whom come from different backgrounds, and they've got a wide range of political views. They share two things in common: They all clerked for Judge Sam Alito; and they strongly support his nomination to be an associate justice to the Supreme Court.

"The relationship between a judge and a law clerk is extremely close. Each judge has only three or four clerks a year, and these clerks serve as the judge's aides and advisors. They provide legal research, they discuss and debate pending cases, and they see firsthand how the judge arrives at decisions.

"These fine men and women with me today have worked side by side with Sam Alito, and they are uniquely qualified to assess what kind of Supreme Court Justice he would be. As the full Senate takes up Judge Alito's nomination, it is important for the American people to hear what his former clerks say about this fine judge and his approach to the law.

"One of the clerks I met today who describes himself as a Democrat said this about Judge Alito: 'He is meticulous in the way he goes about deciding cases. He's meticulous in the way he goes about finding what the law is. I can't think of better qualities for anyone to serve as a judge on the Supreme Court.'

"Another former clerk here today says this: 'I am a Democrat who always voted Democrat, except when I vote for a Green candidate...but Judge Alito was not interested in the ideology of his clerks. He didn't decide cases based on ideology.'

"Another former clerk who described himself as a proud member of the NAACP and the ACLU says, 'After a year of working closely with the Judge on cases concerning a wide variety of legal issues, I left New Jersey not knowing Judge Alito's personal beliefs on any of them.'

"Another former clerk who describes herself as a 'left-leaning Democrat' told the Senate this about Sam Alito: 'He's a man of great decency, integrity and character. I believe very strongly he deserves to be confirmed as the Court's next associate justice.'

"Another of Judge Alito's former clerks worked for Senator Kerry's presidential campaign. She said this about Judge Alito: 'I learned in my year with Judge Alito that his approach to judging is not about personal ideology or ambition, but about hard work and devotion to law and justice.'

"In case you were wondering, Judge Alito has also the support of Republican clerks. In fact, he has the strong support of all 54 of his former clerks, regardless of their political beliefs. Judge Alito has earned broad support from his fellow judges on the 3rd Circuit. Seven of them took the extraordinary step of testifying on his behalf before the Senate Judiciary Committee.

"Former Chief Judge Ed Becker, who sat with Judge Alito on more than 1,000 cases, said this about his colleague: 'I have never seen a chink in the armor of his integrity, which I view as total. He is a real judge deciding each case on the facts and the law, not his personal views, whatever they may be.'

"Another colleague on the 3rd Circuit who was appointed by President Clinton said this about Judge Alito: 'He is a fair-minded man, a modest man, a humble man, and he reveres the rule of law.' The judge went on to say, 'If confirmed, Judge Sam Alito will serve as a marvelous and distinguished associate justice.'

"All these brilliant legal minds are united in their strong support of Sam Alito. And in his confirmation hearings, the American people saw why. Judge Alito is open-minded and principled. He gives every case careful attention, and he makes decisions based on the merits. Judge Alito understands that the role of a judge is to interpret the law, not to advance a personal or political agenda. Judge Alito is a man of character and integrity. Judge Alito will bring to the Supreme Court a broad range of experience and accomplishment.

"Before he became a judge, Sam Alito served as a federal prosecutor, assistant to the Solicitor General, where he argued 12 cases before the Supreme Court; an attorney in the Justice Department's Office of Legal Counsel; and a U.S. Attorney for the District of New Jersey – the top federal prosecutor in one of the nation's largest federal districts.

"In 1990, Sam Alito was unanimously confirmed by the Senate to serve on the United States Court of Appeals for the 3rd Circuit. He now has more prior judicial experience than any Supreme Court nominee in more than 70 years. The American Bar Association gave Judge Sam Alito its highest possible rating, a unanimous well-qualified. It based its rating on its assessment of his integrity, professional competence and judicial temperament.

"In the past, leading Democratic senators have called the ABA's rating the gold standard for judicial nominees. Yesterday, Ed Rendell, the Democratic Governor of Pennsylvania and former Chairman of the Democratic National Committee, came out in support of Judge Sam Alito. Governor Rendell said he was not pleased with the way his fellow Democrats have handled Sam Alito's nomination, and said that Democrats should vote to confirm him. Governor Rendell put it this way: 'As long as a Supreme Court Justice has high academic qualifications and significant integrity – and Judge Alito certainly does – we should confirm him.'

"There's no doubt about Judge Alito's qualifications, his intellect, or his complete dedication to our Constitution and laws. He is exactly the kind of person Americans want on the Supreme Court.

"The Senate has a constitutional responsibility to give every judicial nominee an up or down vote. In its 216 year history, the Senate has held an up or down vote on every Supreme Court nominee with a majority of Senate support. And I call on the United States Senate to put partisanship aside and give Judge Alito the up or down vote he deserves and to confirm him as the next associate justice of the Supreme Court.

"I'm grateful to Judge Alito. And I appreciate his wonderful wife, Martha, and their children for their dignity throughout the confirmation process. America is fortunate that this good, humble man is willing to serve, and all of us look forward to seeing him take a seat on our nation's highest court.

SeekTruth MY ASS: Did Harriet Miers get an UP OR DOWN VOTE? ps Bush is a certifiable LIAR and NO ONE HERE BELIEVES ANYTHING HE SAYS! and if you don't believe me ask my friend who served in Iraq searching for those WMD's!!

Hey Howard and all you silly democrats. Where is the filibuster for Alito? Do you think we are stupid? If you do not filibuster then you have caved. It is also great to hear that there are democrats that will even vote for him. That sounds like you really only care a just little bit. Are there no democrats who are brave enough to stand up and fight?

BTW--When are you democrats going start impeachment proceedings against Bush and his Cabal?

When are you democrats going demand a withdrawal from Iraq? When will you support Representative John Murtha?

If you Demos have no guts to stand up and really resist Bush and his Cabal, then you are not worthy of our support.

I will tell you guys that I will not contribute a single dime until there is Action. And then more than Action.

From the NYTimes:

Senate Democrats, who presented a united front against the nomination of Judge Alito in the Judiciary Committee, seem unwilling to risk the public criticism that might come with a filibuster — particularly since there is very little chance it will work. Judge Alito's supporters will almost certainly be able to muster the 60 senators necessary to put the nomination to a final vote.

A filibuster is a radical tool. It's easy to see why Democrats are frightened of it. But from our perspective, there are some things far more frightening. One of them is Samuel Alito on the Supreme Court.

"seem unwilling to risk the public criticism that might come with a filibuster...."

Criticism from who? The Republicans. Tim Russert? The filibuster is a Senate tradition.
Besides, most Americans have no idea what the filibuster is. Outrage from the apathetic?

By exercising the filibuster, we will finally inform the unawares as to all the unsavorty things Alito advocates...plus get across all the copy points/issues we want to expose voters to before the election...think of it as our kickoff to '06.

I said it before, the filibuster will give us unedited, free advertising with the added drama of a David and Goliath battle that even the most jaded Americans won't want to miss. Think of it as a high-brow SMACK DOWN wrestling event...with us doing all the scripting.

It will also divert media coverage from the newest Bush "I'm Only Thinking of You and the Terris..Trust Me" traveling snake oil show. He lies, he breaks the law, he can't find Bin Laudin and doesn't care....until he needs him as a defense for spying on our Google searches, cell phones, and Quaker prayer meetings.

Use it and let them explain what the nuclear option is. Sounds scary and related to the
Axis of Evil and WMD scam.

AHHH Ha! So, this is why Bill O'Reilly was vigorously attacking Air America on his program today.What a coincidence.Keep up the good work Mr.Dean.

AHHH Ha! So, this is why Bill O'Reilly was vigorously attacking Air America on his program today.What a coincidence.Keep up the good work Mr.Dean.

Nice sentiments.

But if you don't scrape together a filibuster - your words are worth nothing.

This is the fight.

Here it is - facism right in your face.

Are you going to stop it or not?

Filibuster is your only tool. Use it. TODAY.

Wow. We have heard such pretty speeches from the dems. Talk is cheap. If the dems do not filibuster, all there words are MEANINGLESS. Completely meaningless. I HAVE HAD IT. First, Kerry lets Bush steal ANOTHER election in Ohio. Then, we have the dems give the Republicans the bankruptcy bill - a slap in the face to every single one of their constituents. And, for MONTHS we have received promises that democrats will filibuster any extremist canidate that threatens Roe V Wade or will push the court to the far right. What was it? Keeping your powder dry? Waiting for the big one? Go along with lower court neo-con judges to save the filibuster for the big time? Now, we have the news coming out that a filibuster is a long shot. A LONG SHOT? You bunch of wimpy cowards. We have a President with a friggin 36% approval rating and a Republican Congress neck deep in scandal and still YOU DON'T STAND UP???!!!! Why on earth should we give you money? Why on earth should we give our time and committment (and I have given HUNDREDS of hours)? Why? What will you do for us? We have the Republicans literally taunting you, and still you cower. Well, I have news for you. You are on the verge of losing me, and a million other of your most active base. The ones that raise your money and drive the elderly to the polls. The ones that write letters to the editor when no one else is paying attention. You don't listen to us because you think we are a safe vote. Who else are we going to vote for? Not you. Progressives who have courage to challenge your weak 'leaders', maybe. But, not for you. NO MORE. And, it is not US abandoning YOU. You ABANDONED us when you ceased to fight. You have ONE more chance. Filibuster. Or, goodbye!

Wow. We have heard such pretty speeches from the dems. Talk is cheap. If the dems do not filibuster, all there words are MEANINGLESS. Completely meaningless. I HAVE HAD IT. First, Kerry lets Bush steal ANOTHER election in Ohio. Then, we have the dems give the Republicans the bankruptcy bill - a slap in the face to every single one of their constituents. And, for MONTHS we have received promises that democrats will filibuster any extremist canidate that threatens Roe V Wade or will push the court to the far right. What was it? Keeping your powder dry? Waiting for the big one? Go along with lower court neo-con judges to save the filibuster for the big time? Now, we have the news coming out that a filibuster is a long shot. A LONG SHOT? You bunch of wimpy cowards. We have a President with a friggin 36% approval rating and a Republican Congress neck deep in scandal and still YOU DON'T STAND UP???!!!! Why on earth should we give you money? Why on earth should we give our time and committment (and I have given HUNDREDS of hours)? Why? What will you do for us? We have the Republicans literally taunting you, and still you cower. Well, I have news for you. You are on the verge of losing me, and a million other of your most active base. The ones that raise your money and drive the elderly to the polls. The ones that write letters to the editor when no one else is paying attention. You don't listen to us because you think we are a safe vote. Who else are we going to vote for? Not you. Progressives who have courage to challenge your weak 'leaders', maybe. But, not for you. NO MORE. And, it is not US abandoning YOU. You ABANDONED us when you ceased to fight. You have ONE more chance. Filibuster. Or, goodbye!

Not one penny to the party, not one hour of volunteer work and not one vote without a Democratic filibuster - it's that simple. Why should I work (as I have) and donate (as I have) and vote (as I have for 36 years) for Democrats if they refust to stand up to Alito and Bush.

You are trading my rights for a "campaign issue" in the Fall - and I'm not willing to pay with my freedom simply to get a bunch of republican lites re-elected.

If not now, when?

Let it be crystal clear: In enabling the confirmation of Alito, our Democratic senators are choosing and ushering Bush and the Republican party into a solidified and corrupted governance OVER and ABOVE the Democratic party as a whole and it's supporters, funders, and voters. This is a blatant denial of the will of the people AND the party. They are placing themselves and their political self-centered fears AND desires above their responsibilities to represent us and act on our REAL concerns for us. Ultimately, they have placed the (Republican and Democrat combined) Corporatist party above us and America too. How can they think a NO vote on Alito is good enough for anyone? This is the cowardly act of traitors who sell out their own party and constituents to be a lowly part of the governing Washington elite. Senator Landrieu - how does it taste to kiss George Bush's butt? obviously, it tastes REAL good since you've done it so many times at your constituents' and the Democratic party's expense. But you are not alone!! Who can feel good and support this party in good conscience ever again when