COMMENTARY: ALITO NOMINATION OFF TO A GOOD START by Tom Pauken
by Tom Pauken
Wed, Nov 2, 2005, 05:44 PM
That David Garrow (no conservative, he) would write a commentary for the November 2, 2005 edition of the Financial Times entitled "Why the Democrats will not go into battle over Alito" is an encouraging sign that Samuel Alito is well on his way to replacing Sandra Day O’Connor on the U.S. Supreme Court. Garrow predicts that "Alito will win U.S. Senate confirmation by a margin of about 65 to 35." He bases his conclusion upon his belief that "Judge Alito will profess respect for earlier precedents just as John Roberts did in winning Senate approval recently." Trying to attack Judge Alito for voting to uphold "spousal notification requirements" prior to a woman procuring an abortion won’t hurt him with U.S. public opinion, which overwhelmingly supports that view, as Garrow points out. Nor will Judge Alito’s strong belief that marriage is a central institution in our society hurt him with the American public.
Business leaders also are pleased with the Alito nomination in that his long record on the federal appeals courts in respecting contract rights gives business groups confidence that Judge Alito’s views will bring a sense of stability on business-related cases which reach the U.S. Supreme Court.