YOu know, I do not understand why more Democrats are not outraged about this vote.
Seriously, You worry so much about setting everything just proving the world is ending...But do you not worry that the next time you have a Democrat President and he appoints a judge, the Republicans are not going to decide to "play politics"?
The sad part of this is, the man was qualified for the job. Probably one of the most qualified. He knows the law and bases his decisions on it. He is if anything a "law geek." but Democrats are more worried about thier personal agenda and their party, then they are for our nation. I would rather have someone I disagree with but knows the law of our land...then vote for someone based solely on do I agree with them. And the fact that so many Democrat Senators came out and said excatly this...that he is qualified, but I disagree with him makes me mad as hell.
It shows who is putting our nation first and who is not.
This is my post on Hannity.com but I want to expand on it. I have already sent Sen Bingaman a letter. I am so disappointed. And I am mad.
I am so tired of politicians not putting our nation first. And this seems to be an ongoing battle with Kerry, Kennedy and the likes of those in Congress. Since when does your party matter more then being an American First. Judge Alito was qualified.
This is from Senator Bingaman's website. His own words, he admits he is a traitor to our nation by putting his party's agenda before his nation.
FOR IMMEDIATE RELEASE: Jan 27 2006
Bingaman: Speech on the Senate Floor About Judge Samuel Alito:
Mr. President, I rise today to state my intention to vote against the nomination of Judge Alito to be the next associate justice of the Supreme Court. Let me start by saying, I certainly do not doubt Judge Alito's qualifications, his integrity, his temperament. He has served on the federal bench for over 15 years and he has demonstrated during that time that he is indeed a very capable jurist.
Nonetheless, after carefully looking at his judicial record and listening to his answers to the Senate Judiciary Committee, it's also clear to me that if confirmed, Judge Alito will move the court in what I believe is the wrong direction for our country. Judge Alito has been nominated to replace Justice Sandra Day O'Connor. She is a moderate who has been a critical fifth vote in cases impacting privacy rights, disability rights, civil rights, the environment, consumer protection, discrimination laws, access to the courts, campaign finance reforms, among others.
It's taken us years to enact legislation aimed at protecting the rights of all Americans in these areas that I've mentioned. Other justices on the court, particularly justices Scalia and Thomas, have pressed to reverse many of the advances that the Congress has made in these areas. They have pressed to limit Congressional power under the Commerce Clause and the ability of congress to enact federal civil rights legislation. I fear that Judge Alito will join justices Scalia and Thomas in this regard. Justice O'Connor's vote also has been instrumental in ensuring that we do not surrender our civil liberties in times of war.
Justice O'Connor's statement in the Hamdi decision was just quoted by my colleague from Iowa. It was a resounding reaffirmation that the president could not indefinitely detain a U.S. citizen without providing adequate due process. The quote which was just made again and has been made by many of my colleagues is that we have long since made clear that a state of war is not a blank check for a president when it comes to the rights of our nation's citizens.
At a time when the president has asserted expansive powers with regard to imprisoning U.S. citizens without charges, with regard to wiretapping without warrants, with regard to using interrogation techniques that amount to torture, it's essential that we have justices on the Supreme Court that are willing to provide a check on the authority of the executive branch.
Judge Alito's record indicates that he may not be the right person to provide this check. For example, he stated his support in varying degrees for this so-called unitary executive theory. This relatively obscure legal theory has very little support in the mainstream legal community, but it has profound implications for our understanding of the Constitution.
Just recently Congress passed a law reiterating the prohibition on the use of torture, and in signing the legislation, the president issued a statement reserving the right to take whatever action he deems necessary, as commander in chief; in effect, reserving the right to ignore the very law that he was at that time signing. The president cited this unitary executive theory as the legal basis for his power to disregard the plain text of the legislation.
We need to have a Supreme Court that's prepared to provide the necessary checks and balances crucial to our democratic system of government. I believe Justice O'Connor charted a moderate course in terms of Congress's authority to enact legislation aimed at protecting the welfare of Americans and with regard to upholding the rights of citizens' vis-à-vis their own government. And I believe it is important to maintain that same course.
This is not to say that I have agreed with all of Justice O'Connor's decisions. but her swing vote has helped to maintain a balance on the Court that has kept many decisions within the mainstream. I believe that Judge Alito's confirmation will sway the existing balance on the Court in a manner that will jeopardize many of the protections afforded to the American public, many of which were the result of many years of struggle. For this reason, I am not able to support his nomination. Mr. President, I yield the floor.
Not only are we not "replacing a moderate seat" there is no such thing. We are replacing a justice with a justice. A very qualified justice. If anything Alito is a law geek. He proved that in the Senate Hearing that Kennedy made a fool out of himself. Alito is the kind of justice we need more of, party affiliations aside. We need more Justices who use the law of the land to make decisions. Not thier feelings. We need people who view our constitution as a law document and rule of the land...not like Gingsburg who uses foriegn laws to govern our nation.
Today is a sad day for America, that Democrats want to put our nation 2nd to thier own agenda.
