Alito Confirmed, Sworn In As 110th Supreme
In the closest vote since 1991, Samuel Anthony Alito Jr. has been confirmed as this country's next Supreme Court Justice, the 110th overall. This will be secondary news in the next few hours as President Bush tonight delivers his State of the Union address.
I watched enough of the confirmation hearings to be impressed by Mr. Alito. He appears to be, as President Bush described him today after his confirmation:
Sam Alito is a brilliant and fair-minded judge who strictly interprets the Constitution and laws and does not legislate from the bench.And that should be exactly what we all demand of each Supreme Justice. After all, the job description of every judge is "interprets the Constitution and laws". Making laws and conforming to change is the province of the Legislature, not the Judiciary. An analogy is that economics deals with the changing financial realm, while mathematics deals with the accepted understanding of how numbers relate to one another. Economics is constantly in flux; Mathematics aspires to a permanent understanding of the universal and immutable functions of numbers. Economists and Legislators react; Mathematicians and Jurists measure.
Mr. Alito's placement on the bench does not, nor should not, ensure any outcome of future cases; except as proscribe dictated by the strict interpretation of the Constitution and laws of this land. And, Alito seems to have the intellect to understand the criteria, and the integrity to be guided by the facts before him and how the law applies to those facts. Even with regard to that one issue, the one which fuels the venom flowing through the veins in every person of dogma, abortion.
There will continue to be those who believe that their position on this most controversial issue is so valid that a court should decide in their favor even if all of the legal "i's" have not been dotted or all of the procedural "t's" have not been crossed. With Alito, I both hope and believe we have a man who will not countenance shoddy legal arguments. We do not want him to simply rubber-stamp our preferences; we want to know that the law countenances each result.
NOTE: Text changed. I have deleted the word "proscribed" above and replaced it with "dictated". I thank John Mulligan for noting the confusing usage, and I thank Chris for his thoughts, And I especially thank Chris for his editorial corrections to my grammar. For, as Toby Keith sings, "I'm not as good as I once was", so your help is welcome. I am grateful for any help I can get.
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