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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::

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    :: Monday, November 28, 2005 ::
    Hello. That was a long blog-break by recent standards. Let's see what we've got today....

    I'd say Judge Alito is still sailing toward confirmation. That 1985 DOJ job app was good for a few fundraising letters and attack ads, but two facts continue to make this a world apart from the Bork process in '87: the GOP Senate majority, and the presence of pro-nominee forces on the political/media battlefield.

    I remember the tone of the headlines, day after day throughout the summer of '87: "Bork opinions raise concerns," "Support for Bork seen slipping," "Moderates uneasy about Bork," etc. etc. What do we see today? Warnings about the "political dangers" of attacking Alito; Alito keeps favor of conservatives, moderates; and this Washington Post piece on how both categories of "vulnerable Senators" are being lobbied: Republicans in liberal states, like Chafee (RI), and Democrats in conservative states, like Ben Nelson (NE) and Conrad and Dorgan (ND).

    Also, the activist groups are now recognized as such. In '87, People for the American Way could pass for, you know, just a bunch of people who are for the American way. In '05, an ace conservative strategist like Keith Appell can say: "If you are a Democratic senator from a state that the president won, the last thing you want to do is be aligned with [liberal advocate] Ralph Neas or groups like People for the American Way."

    So much, for now, about incoming Justices. As for Our Hero, here's one: Al Franken Schooled by Antonin Scalia at New York Event.

    :: David M. Wagner 3:01 PM [+] ::

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