Monday, October 31, 2005

From Dahlia Lithwick, on Slate.com, "Trick or Treat"

Almost as if the whole Harriet Miers debacle never happened, President Bush has rapidly retreated from his judicial preferences of last month. The urgency of filling Sandra Day O'Connor's seat with another woman has been erased; the importance of balancing the too-scholarly court with a practicing attorney has evaporated; and the need to put an outsider onto the court is long forgotten. Suddenly George Bush's vision for what the high court most needs maps perfectly with that of the movement conservatives who sank the Miers nomination.

So far, this is the only commentator I've seen who has at least pointed out my personal preference: putting a practicing attorney on the court. Alito has, according to the bios I've read, never practiced where a client was paying his fee. Abortion, First Amendment, Criminal Justice, Second Amendment -- these are are all extraordinarily important issues that make America what it is. Government service, as a prosecutor, defender, or judge, are great careers. But employment law, civil procedure, property rights, federal court jurisdiction -- there are many issues that SCOTUS rules on that are private, civil matters. Why can't a "real" lawyer get consideration?

Dubya has, by pandering to his furious and radical right, completely abandoned all such considerations. Instead, we get another right-wing, male, white, Catholic, Ivy League, federal judge. Great. Just what we needed. Now we'll get some clarity and balance, for sure.

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