Carol Platt Liebau: Putting My Money on Alito

Monday, January 02, 2006

Putting My Money on Alito

Here is a piece that reveals how Republicans and Democrats alike are trying to "spin" the Alito hearings before they even occur.

Adversaries like Chuck Schumer assert that Judge Alito has/will become "defensive" about some of his opinions, and hope to pique his temper; proponents say Schumer's assertions and hopes will be proven baseless. It will be interesting to see if Alito does decide to turn some senators' questions back on them; such a technique would be particularly threatening to those who, like Chuck Schumer, have a lot invested in convincing themselves (and everyone else) of the power of their intellects. John Roberts effectively humiliated Schumer; no doubt he's dying to retrieve his supposed reputation for erudition.

If Alito does decide to "fight back," he must do so with extreme caution. Senators are very protective of their prerogatives -- and some seem more senstive about being treated with "respect" (and seeing even unworthy colleagues being treated with deference) than about anything else. I'd be willing to bet that a lot of the self-proclaimed "moderates" like Snowe/Chafee/Collins fall in this category, and there's an argument to be made for avoiding behavior that might help them justify a decision to filibuster. Certainly, one must always stand up for oneself -- but it's also worth remembering that sitting on the Supreme Court is, in effect, having the last laugh for a lifetime.

All in all, I'm willing to put my money on Alito. He may not be as smooth as John Roberts, but he doesn't need to be. Sincerity, intellect and conviction will go a long way toward deflecting the attacks of grandiose, showboating senators like Chuck Schumer.

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