Day By Day© by Chris Muir.

Monday, January 23, 2006

Captain Ed catches the NYT with its ignorance showing

Captain Ed opens a post with a lengthy quote from the New York Times editorial urging Congress to vote against Alito. He then carefully explains why this editorial is misguided no matter how one looks at it. I think his explanation is so well-reasoned, I include much (but not all) of it here:

Either one has to believe that Supreme Court justices have to be vetted for ideology or that the process should be non-political. In both cases, the New York Times gets it wrong. If ideology is to remain outside of the process, then the only question for Judge Alito's confirmation is whether he has the competence to work on the Supreme Court. The ABA found him to have the highest degree of competence -- not the most conservative of groups either, one should remember -- as well as the highest degree of ethical practice. He has spent 15 years of fine public service on the federal appeals bench and almost a decade of work before that as a federal prosecutor, serving the people of the United States and enforcing the law. Outside of ideology, Judge Alito has the most experience in appellate law for a nominee in 70 years. If ideology is to be considered, then the New York Times has it even more wrong. It asks whether a conservative should replace a centrist on the court. If ideology has suddenly become a qualifier, then one has to look at who nominates the candidate. The President won election twice, and at least during the last election, Supreme Court nominations clearly were a major issue. He has the mandate of the election to pick the ideological bent of the replacements for any opening on the Court; there is no quota system for leftists, centrists, and conservatives, nor have Presidents been particularly apt at guessing which categories their nominees would fill in the long run anyway. Bush's two elections show that the people want a more conservative court -- so as long as the Times considers ideology a basis for selection, then a conservative judge should be the most acceptable as a manifestation of the demand of the people. I doubt that the Times asked whether the Court would be poorly served by replacing conservative Byron White with Ruth Bader Ginsburg, for that matter. One easily detects the stench of hypocrisy in the Times' editorial approach today.
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