As Senate confirmation hearings for Supreme Court nominee Samuel Alito approach, we are getting a closer glimpse at the mindset of the various special-interest groups joining to oppose the nomination. Through their public statements they have exposed themselves, not Judge Alito, as extremist.
Supporters of Judge Alito and other Constitution-respecting nominees should quit playing defense and start underscoring the liberty-threatening nature of the judicial anarchy essentially espoused by radical feminists and others opposing these nominees.
Since the failed nomination of Judge Robert Bork, these groups have grown increasingly emboldened, holding themselves out as the sacred guardians of constitutional rights against "reactionary" conservatives who would take us back to the days of "back-alley abortions" and virtual slavery for women and minorities.
Behind the misleading rhetoric, we discover these groups are selective defenders of the Constitution. Their judicial philosophy demonstrates no real appreciation for the overarching principle of limited government the Constitution was crafted to guarantee. They exhibit no understanding of such pivotal constitutional doctrines as the separation of powers and federalism that transform the idea of limited government from theory to reality.
Not only is their advocacy of "rights" highly selective, but their understanding of freedom itself is recklessly superficial. They are rarely motivated to protect the structural integrity of the Constitution and are purely results oriented.
If a particular congressional law mandates an outcome they deem desirable, they don’t care whether it is beyond Congress’s constitutional authority to enact. Conversely, if Congress passes a law entirely within its constitutional authority but whose result they oppose, they demand the court act as a super-legislature and overrule Congress, though legislating is outside the court’s constitutional scope.
For them, the end justifies the means, whether the "means" involves Congress perverting the Commerce Clause or trampling on states’ rights, or the Courts usurping legislative or executive authority. Indeed, these fanatical groups can talk all they want about the horrors of a Judge Alito, but they are the ones whom lovers of liberty and the Constitution should fear.
In the weeks leading up to the confirmation hearings, these groups have been circulating talking-points memos and organizing rallies and marches to mobilize public opinion against Alito.