Carol Platt Liebau: Letting the Facts Get in the Way

Monday, January 09, 2006

Letting the Facts Get in the Way

As Paul Zummo notes over at ConfirmThem, Senator Schumer seems to believe that Judge Alito bears a special burden because he's been chosen to replace the (newly-designated) "moderate" Sandra Day O'Connor.

Now Schumer's not a guy to let the facts get in the way of some good rhetoric in any case, but clearly he hasn't read Peter Kirsanow's recent piece in National Review Online. Money quote:

Notwithstanding the fact that positions espoused as an advocate are poor proxies for interpretive doctrine, there are numerous problems with the allegation that Judge Alito is to the extreme right of Justice O’Connor on civil rights, not the least of which is that Justice O’Connor agreed with Judge Alito’s advocacy position 75 percent of the time, more than any other Supreme Court Justice before whom Judge Alito appeared.

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