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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, January 09, 2006 ::
    Specter and Leahy have made their opening speeches, and they clearly share a theme: Alito's job is to be just like O'Connor, and these hearings are his chance to convince them that that's what he'll do. Specter added a meditation about many "surprises" the abortion issue brings, with special attention to how Souter changed.

    Both are leaning even more on the NSA issue than the "choice" issue. Clearly the "save Roe" issue is not going to carry it for the Democrats; it's doubtful that the safe-communications-for-terrorists issue will either.

    Specter seems to want it both ways: he wants an "independent" Court, yet he blasts the Court for criticizing Congress's reasoning in U.S. v. Morrison (Violence Against Women Act). Utterly independent of the President, utterly dependent on Congress -- that seems to be the kind of Justice a President should look for, according to Specter and Leahy. Leahy would add that the nominee should also be black, hispanic, or female, though he exonerated Alito of personal responsibility for not being any of these.

    :: David M. Wagner 12:25 PM [+] ::

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