Edward A Hartnett
hartneed at shu.edu
Sun Oct 30 10:27:45 PST 2005
It seems to me that one big advantage that Judge Alito has is that he sits
in a state with two Democratic Senators. I tend to think that both would
support him -- or at least not support a filibuster against him. Senator
Lautenberg spoke in his behalf when he was nominated to the court of
appeals. Senator Corzine is running for Governor is not likely to want to
let his gubernatorial opponent complain that he is keeping a New Jerseyan
off the Supreme Court -- particularly since the leading newspaper in the
state today (in a real surprise) endorsed Corzine's opponent in part
because of Corzine's opposition to Chief Justice Roberts.
"Tepker, Rick" <rtepker at ou.edu>
Sent by: conlawprof-bounces at lists.ucla.edu
10/30/2005 12:10 PM
<CONLAWPROF at lists.ucla.edu>
RE: Judge Alito
>From Jeffrey Rosen's article in the New Republic on possible candidates
for the Court:
"What should be far more troubling to Senate Democrats, however, is
Alito's 1996 dissent from a decision upholding the constitutionality of a
federal law prohibiting the possession of machine guns. Applying the logic
of the Constitution in Exile for all it's worth, Alito insisted that the
private possession of machine guns was not an economic activity, and
there was no empirical evidence that private gun possession increased
violent crime in a way that substantially affected commerce--therefore,
Congress has no right to regulate it. Alito's colleagues criticized him
for requiring 'Congress or the Executive to play Show and Tell with the
federal courts at the peril of invalidation of a Congressional statute.'
His lack of deference to Congress is unsettling."
I'd think that judicial tinkering with statutes about automatic weapons
might be problematic in the post-9/11 world.
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