Friday, January 13, 2006

Enough already

If I hear one more conservative talk about how Alito deserves to be a Supreme because "he keeps an open mind and decides cases based on the facts and the law," I am going to go kick somebody's puppy.

It is very rare that a case reaches an appellate court unless both sides can marshall superfically compelling arguments that weave together fact and law. What the judge has to do is decide which law and which facts to treat as the more important ones. And where one set of considerations favor individual rights and the other favor the government, Alito consistently supports the government.

So Alito doesn't have to foam at the mouth or babble like a Michelle Malkin to be dangerous. He can sound as reasonable and level-headed as you please. All he has to do is choose to accept the legal theories advanced by the police state he will slowly ensconce into the space our Constitution once covered.


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