Conclusions based Upon the ACLU Report

Well Alito is conservative, but we knew that. The most disturbing indications in the report are:

Alito has strong personal aversions to Roe v. Wade.

The essay containing the indication is from 1985 and while that doesn’t mean his opinion has changed, hell it may have become stronger, there is a significant difference between a 35 year old hot shot lawyer and a 55 year old 15 year veteran of the 3rd Circuit Court. Alito, as a conservative, has demonstrated a desire to follow precedent and work within the law as established. As I’ve said before, I could be wrong, but I don’t see Alito on a campaign to overturn Roe v. Wade.

Alito will favor Freedom of Religious Expression over the Establishment Clause when there is a conflict.

I think this is dangerous. Decisions in this category are open to misuse. It’s too easy for opponents of the separation of church and state to interpret these decisions as carte blanche approvals of religious expression. Alito clearly holds religion in high regard and this bothers me more than a little, but I don’t think it’s as unrestricted as it is with Scalia. I’m sure this attitude is going to cause me some pain. If there was one attitude of Alito’s I could change, this would be it.

Alito has a low opinion of affirmative action.

Yeah ok, I’m not that sure about affirmative action either. What is unclear is whether this attitude extends into questions that are closer to questions of racial discrimination. I’m willing to give him the benefit of the doubt here I think.

Alito will tend to favor employers in discrimination or harassment suits.

Yeah, but only if it’s close, which is pretty much what you would expect a conservative to do.

I suspect Alito will tend to favor the government in criminal and death penalty cases.

Again, that’s about what you would expect from a conservative. I certainly don’t see Alito leading a charge to outlaw the death penalty. Luckily the decisions related to the execution of minors and the mentally retarded have already been made.

Bottom line, the ACLU report makes me feel a little less comfortable with Alito, but I still think he’s about the best we’re going to get. If nothing else he has demonstrated a typical conservative’s respect for stare decisis and I doubt he’s going to be comfortable radically overturning decades of precedent while Miers, and some other potential candidates I can think of, I feel would have had no problem doing precisely that.

Of course things could change during the hearings, but I'd be surprised if a concerted campaign to stop this nomination is going to materialize. I suspect that Judge Samuel Alito with be joining the Supreme Court. Here's hoping that doesn't turn out to be an unmitigated disaster.