Still fiddlin' while Rome burns, eh Jim?

Mice with bubonic plague; leaky borders; Hillary's 2008 run at the 
oval office; and now this! My God! 

Did you know the Rummy owns a damn fat share of the company that 
patented the Tamiflu vaccine?
--- In cia-drugs@yahoogroups.com, "Jim Rarey" <[EMAIL PROTECTED]> wrote:
>
> http://frontpagemag.com/Articles/Printable.asp?ID=20035
> 
> How to Judge Alito
> By Henry Mark Holzer
> FrontPageMagazine.com | November 1, 2005
> 
> 
> Much will be said in days to come about Supreme Court nominee 
Samuel Alito: his academic background at Princeton and Yale; his 
distinguished career as a government prosecutor and appellate 
lawyer; his experience in representing the United States twelve 
times before the Supreme Court of the United States; his hundreds of 
opinions during fifteen years as a member of the United States Court 
of Appeals for the Third Circuit. 
> 
> The esteem in which he is held by colleagues, on and off the 
bench, will be emphasized, as will be the unanimous Senate vote he 
enjoyed in 1990, when President George H. W. Bush nominated Judge 
Alito for the Third Circuit.
> 
>  
> 
> None of this, of course, will favorably impress the liberalcrats, 
whose rancorous ranting has already begun to emanate from the usual 
suspects - with Reid, Kennedy, and Schumer in the lead. They and 
their handmaidens in the media and pressure groups will scrutinize 
Judge Alito's many opinions - majority, concurring, and dissenting, 
as well as those in which he did not write but merely joined - 
looking for something, anything, to prove that he is not the 
reincarnation of the policy-making Sandra Day O'Connor.
> 
>  
> 
> While the liberalcrats are going down that road - which, for them, 
is a dead end - some conservatives may need a yardstick by which to 
measure Judge Alito's judicial credentials. 
> 
>  
> 
> That yardstick can be found in the opinions of a Supreme Court 
justice whom 
> 
> Judge Alito will doubtless soon join: Justice Clarence Thomas. 
> 
>  
> 
> I have just finished writing a book entitled Keeper of the Flame: 
The Supreme Court Jurisprudence of Clarence Thomas. To write the 
book, I analyzed every one of Justice Thomas' 327 opinions, written 
during his fourteen terms on the Court. 
> 
>  
> 
> To the extent Justice Thomas' jurisprudence is reflected in Judge 
Alito's Third Circuit opinions, and as well in his Senate testimony, 
conservatives can rejoice. For Justice Thomas understands the 
appropriate role of a Supreme Court justice, the proper methodology 
for decision-making, and the answers to fundamental constitutional 
questions - among them, federalism, separation of powers, judicial 
review, and such Bill of Rights issues as abortion, affirmative 
action, the death penalty, and the alleged rights of prisoners. Does 
Judge Alito?
> 
>  
> 
> Conservatives can begin to answer this question by looking more 
specifically at Thomas' mode of constitutional interpretation, which 
is based on the premise that the document is not a hunk of clay to 
be molded by justices in the shape of their own personal values. 
Thomas begins with the words of the Constitution itself, and, if 
necessary, looks to how they were understood by the Framers. Does 
Judge Alito?
> 
>  
> 
> Thomas believes that the doctrine of Separation of Powers means 
that federal courts should not legislate, or usurp the powers of the 
executive. Does Judge Alito?
> 
>  
> 
> Justice Thomas has written time and again that an aspect of 
separation of powers is the "vertical" relationship of the federal 
government to the states, and that the Constitution's Tenth 
Amendment must be read to keep the federal government out of what is 
peculiarly state business - and that the Commerce Clause must be 
read to limit the power of the federal government. Does Judge Alito?
> 
>  
> 
> Unlike virtually every one of his current colleagues, and 
certainly those who have preceeded him as justices of the Supreme 
Court, Thomas refuses to censor political speech in the name 
of "protecting the electoral process." He also refuses to consider 
so-called "commercial speech" as a lesser form of what the First 
Amendment is supposed to protect. Does Judge Alito?
> 
>  
> 
> His Eighth Amendment jurisprudence is unique, because he holds 
that the "Cruel and Unusual Punishments" Clause, as originally 
intended and written, does not create a vast cornucopia of so-
called "prisoners' rights." Does Judge Alito?
> 
>  
> 
> Justice Thomas stands alone as a Supreme Court justice in 
expressly challenging the junk Swedish and other social "science" 
upon which the 1954 Brown v. Board of Education school desegregation 
decision was based, and in believing that paternalistic racial 
discrimination, such as "Affirmative Action," is just as offensive 
and unconstitutional as malignant racial discrimination. Does Judge 
Alito?
> 
>  
> 
> These comments are but the tip of the iceberg. And there is much 
more about the jurisprudence of Clarence Thomas that Judge Alito 
could do well to emulate.
> 
>  
> 
> It is against that jurisprudence that the qualification of Samuel 
Alito for the Supreme Court must be judged by conservatives. If he 
passes that test, President George W. Bush will not only have 
redeemed himself from the Harriet Miers near-disaster, he will have 
struck a memorable blow for the Constitution of the United States of 
America and, like Justice Thomas, added to the Court yet 
another "Keeper of the Flame."
>







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