Scalia's Younger Brother

I was hoping to be wrong, but bets are on Samuel Alito is Bush's third nominee to fill Sandra Day O'Connor's Supreme Court spot. Alito, or "Scalito" as he is called because of his similarities to Justice and chief-idealogue Anton Scalia, is an appeals judge and former federal prosecutor.

Scalia, who already has an acolyte in Clarence Thomas, doesn't really need another one. But that's exactly what we'd get with Alito. And, unlike with Miers, there's no question about how Alito would vote on gender and reproductive rights issues, civil rights questions, or expanding the powers of the executive branch.

Check out his record, if you dare, but here are some of the low lights:

In Planned Parenthood v. Casey, he was the sole dissenter when the U.S. Court of Appeals for the 3rd Circuit struck down a Pennsylvania law that required women seeking abortions to consult their husbands.

In Homar v. Gilbert, Alito dissented from a ruling that a state university had violated a campus police officer's due process rights by suspending him without pay immediately after he was arrested on drug charges.

He also wrote the majority opinion in a case against the ACLU and has been reluctant to acknowledge gender discrimination.

The only question now is do Democrats have enough back bone to whisper "Boo" and call a filibuster? Unlikely, at best.


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