Here’s Sammy!

Rah, rah, gimme an “S,” gimme an “a,” gimme a double “m” “y,” yeah Sammy! Washington’s version of a food fight is about to commence. By that I mean the confirmation hearing of Samuel Alito for the Supreme Court. I always find this process just short of embarrassing. I mean, how effective can a process that let Clarence Thomas through possibly be?

There were two articles of note floating around today. The first was from USA Today which described the preparations being made by both the left and right hoping to sway senatorial votes. The objective is not so much a yea or nay on Alito as it is in allowing a filibuster to proceed or not proceed which amounts to the same thing. Alito supporters are targeting “Red State Democrats” while Alito opponents are targeting “Blue State Republicans,” that most endangered of species, the Moderate Republican.

The funniest part about the article was a quote from Red State Democrat Kent Conrad of North Dakota. "I am going to make my own judgment. I don't need some group out here telling me how to think."

Right Kent, politicians are never influenced by groups of potential voters. They always make up their own mind and vote their conscience. Like we’re going to believe that one. What freaking planet are you visiting from?

The second article, from the Washington Post, provides a box score on Alito decisions which have made their way to the Supreme Court. According to the Post there are eight such cases, one of which is still undecided. In the other seven, the Supremes agreed with Alito three times and overturned him four times so he’s batting about .429.

The most famous disagreement was in Planned Parenthood of Southeastern Pennsylvania v. Casey in which Alito did not find a spousal notification requirement in an abortion statute an “undue burden.” The Supremes, by a 5-4 margin, disagreed with Sandra Day O’Conner casting one of the majority votes.

I’ve always found this analysis a little unfair because I think the court moved the goalposts in Casey and changed the definition of “undue burden.” Alito was working with the much narrower definition from Akron which talked about a “significant obstacle” while in Casey the plurality decision authored by O’Conner, Kennedy and Souter, talked about a “substantial obstacle.” So, is a “significant obstacle” more of an obstacle than a “substantial obstacle?” And these people actually get paid to do this stuff?

The other cases, according to the Post, in which the Supremes disagreed with Sammy were:

A death sentence appeal in which the plaintiff claimed that his lawyers had failed to obtain medical and school records which showed that he was mentally retarded, an alcoholic and a victim of childhood neglect, factors which might have persuaded a jury to spare his life. Alito wrote that the 6th Amendment did not require all lawyers "to take all the steps that might have been pursued by the most resourceful defense attorney.”

A case with Alito in the majority in favor of an inmate who argued that he had received an excessive sentence because of an earlier conviction in a case in which he said his lawyers had been inadequate.

A case in which the 3rd Circuit had ruled in favor of a woman with heart disease who wanted to collect Social Security disability payments after her job as an elevator operator was eliminated.

So the arch conservative came down on the side of the little guy in the last two cases only to be overturned by the Supremes. Can’t say I’m too upset over these four overturned decisions. I could have lived with Sammy’s interpretation in all of them I think.

Would I prefer a more progressive justice? Sure. Do I think I’ve got a snowball’s chance in hell of getting one? Not unless we impeach Dubyah, Chaney and a dozen or so Red State Republicans. Not to mention hanging, drawing and quartering Condolezza Rice (I really, REALLY hate Rice).

I never did see the report card from the ACLU. Maybe I should go look for it? At the moment I’m still sort of dangling near the center. I’m not thrilled with Alito but he may be the best we can expect under the circumstances. I still think he’s an order of magnitude better than Harriet “#1 Dubyah fan” Miers.