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Edited on Mon Apr-02-07 03:35 PM by karynnj
How any Senator could listen to this and vote yes is beyond me. How Reid could think this was not worth fighting shocks me. It shocks me that almost all to the people on the Justice committee did an abysmal job. These issues Kerry laid out should have been important to the real conservatives - this was not about protecting choice and all the Senators who focused on that hurt the cause.
From Thomas:
During Judge Alito's tenure, the Reagan administration developed new uses for the theory. It was used to support claims of limitless presidential power in the area of foreign affairs--including the actions that became the Iran-contra affair. And, this view of Presidential power has been carried on by the current Bush administration, claiming in Presidential signing statements, that the President can ignore antitorture legislation overwhelmingly passed here in Congress. Not only is the substance of that message incredible, but the idea that the President can somehow alter congressional intent--the meaning of legislation agreed upon by 100 Senators--with a single flick of a pen is absolutely ludicrous. It turns the meaning of legislative intent on its head.
In the hearings, Judge Alito attempted to downplay the significance of this theory by saying it did not address the scope of the power of the executive branch, but rather, addressed the question of who controls the executive branch. Don't be fooled by that explanation. The unitary executive theory has everything to do with the scope of executive power.
In fact, even Stephen Calabresi, one of the fathers of the theory, has stated that ``he practical consequence of this theory is dramatic.'' It is just common sense that if the unitary executive theory means that the President can ignore laws that Congress passes, it necessarily expands the scope of Presidential power--and reduces the scope of Congress.
Judge Alito had numerous opportunities in the hearings to define the limits of the unitary executive, but he refused to answer my colleagues' questions. He didn't answer when Senator Leahy asked him whether it would be constitutional for the Congress to prohibit Americans from using torture. He didn't answer when Senator Durbin asked whether he shared Justice Thomas's view that a wartime President has inherent powers--beyond those explicitly given to Congress. He didn't answer when Senator Feingold asked what, if any, limits there are on the President's power.
We all understand that under article II, the President has primary responsibility for the conduct of foreign affairs. But, the idea that the President can simply disregard existing law or redefine statutory limits at will in the areas of foreign affairs, national security, and war is a startling one. And it is one that I cannot accept.
We needed to know what limits Judge Alito would place on the executive branch. We needed him to go beyond simple recitations of Supreme Court case law. We needed to know what he actually thought.
Sadly, however, Judge Alito did not give us those answers. In fact, he failed to give us answers on many questions of critical importance. He refused to answer questions from Senator Leahy, Senator Kennedy, Senator Feingold, and Senator Biden on the question of the power of the presidency. He refused to answer questions from Senator Schumer, Senator Durbin, and Senator Feinstein on whether Roe v. Wade was settled law--an
answer that even Chief Justice Roberts was willing to give. He refused to answer Senator Leahy's questions on court stripping; Senator Leahy's and Senator Feinstein's questions on congressional power and the commerce clause; Senator Feingold's questions on affirmative action and criminal law; Senator Schumer's questions on immigration.
These are all questions about issues that routinely come before the Court. Judge Alito had an obligation to answer them. He had an obligation to explain and clarify the positions he took in his speeches, judicial opinions, and Justice Department memoranda. But he did not.
Why are we supposed to think that is OK? Since when is it acceptable to secure a lifetime appointment to the Supreme Court by hiding behind a smokescreen of nonanswers?
I understand that, for many, voting for cloture on a judicial nomination is a very difficult decision, particularly on this Supreme Court nominee. I also understand that, for some of you, a nomination must be an ``extraordinary circumstance'' in order to justify that vote. I believe this nomination is an extraordinary circumstance. What could possibly be more important than this?
This is a lifetime appointment to a Court where nine individuals determine what our Constitution protects and what our laws mean. Once Judge Alito is confirmed, we can never take back this vote. Not after he prevents many Americans from having their discrimination cases heard by a jury. Not after he allows more government intrusions into our private lives. Not after he grants the President the power to ignore Federal law under the guise of protecting our national security. Not after he shifts the ideological balance of the Court far to the right.
As I have said before, Judge Alito's nomination was a direct result of the rightwing's vehement attacks on Harriet Miers, an accomplished lawyer whose only failing was the absence of an ideologically bent record. The rightwing didn't wait for the next nominee. The rightwing didn't leave any of the tools in their arsenal unused. The rightwing attacked with every option available to them to prevent Harriet Miers' confirmation, secure in their conviction that it was the right thing for them to do.
We believe no less. And we should do no less. We did allow the confirmation of three of the most objectionable appellate court nominees. There was no talk of prolonged debate on Chief Justice Roberts. Now we are presented with a nominee whose record raises serious doubt about serious questions that will have a profound impact on everyday lives of Americans. What on Earth are we waiting for?
Many on my side oppose this nomination. They say they understand the threat he poses, but they argue that cloture is different. I don't believe it is. It is the only way that those of us in the minority have a voice in this debate. It is the only way we can fully complete our constitutional duty of advice and consent. It is the only way we can stop a confirmation that we feel certain will cause irreversible damage to our country.
I will oppose cloture on the nomination of Judge Alito . And, I sincerely hope my colleagues will join me.
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