Re: Everything you need to know about Judge Alito

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Randy Barnett also points out that the “conservative” idea of “judicial restraint” is a New Deal-era doctrine holding that federal judges should defer to Congress over the clear meaning of the Constitution. “In Gonzales [the decision empowering the feds to ban medical marijuana], Justice Scalia endorses the Roosevelt New Deal Court’s approach to [the Necessary and Proper Clause,] while Justice Thomas endorses Madison’s approach. To the extent that we can predict justices Roberts and Alito will side with Roosevelt/Scalia over Madison/Thomas, then their appointments represent the triumph (once again) of Rooseveltian judicial restraint over the text and original meaning of the actual Constitution. It is hard to be cheerful about this development.”

12:04 pm on November 3, 2005

Re: Everything you need to know about Judge Alito

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From The Onion:

President Bush nominated conservative Judge Samuel Alito as a replacement for Justice Sandra Day O’Connor on the Supreme Court. What do you think?

Young Woman

Bethany Daniels,
Collections Agent

“With all the recent distractions, I’m looking forward to when the Supreme Court can finally settle down and go back to handing out awful, awful rulings again.”


Young Man

Greg Brathwaite,
Primary-School Teacher
“So he’s nicknamed ‘Scalito’ because of his similarity to Scalia. I see. Why were we all so against Miers, again?”

12:30 pm on November 3, 2005
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