Alito seemed to have his "legal chocolates" sorted out when he properly noted that no president is above the law, that one must put aside his personal beliefs when he becomes a judge (if only liberals would do that), and that a state of war is not a "blank check" for a president when it comes to the rights of its citizens. Alito was properly cautious on this last point, leaving himself room to decide those presidential rights based on what cases come before him. He noted complicating factors involving executive branch authority, potentially creating a "twilight zone."
Alito said the courts should generally follow their earlier decisions and avoid being moved by public opinion on controversial issues. If earlier courts had accepted that view, the right to life of more than 40 million babies might have been preserved and we would not be struggling over the definition of marriage, free religious expression and censorship of the Pledge of Allegiance in public schools.
The left has not been able to demonize Alito in the way it did Clarence Thomas and Robert Bork. One reason is that it no longer controls the information flow. Alternative media have done a splendid job of countering every wrong assertion from liberal senators and the advocacy groups writing their talking points. Unless they can come up with something more profound than Sen. Edward Kennedy's assertion that Alito favors big business and big government over the little guy, Alito is likely to be confirmed.
The question then becomes, will Justice Alito cling to his conservative judicial philosophy and interpret laws in light of what the Constitution says, or will he drift toward the liberal agenda, as has happened too often in the past?
One clue he might not drift came in his answer to a question about legal precedent. Responding to committee chairman Arlen Specter, Pennsylvania Republican, Alito said that while he agrees "with the underlying thought that when a precedent is reaffirmed, that strengthens the precedent" he nevertheless does not subscribe to the idea of a "super precedent."
That leaves Alito enough wiggle room to become a super justice with the Constitution as his sole agenda.
Cal Thomas is co-author (with Bob Beckel) of the book, "Common Ground: How to Stop the Partisan War That is Destroying America".
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