Thursday, January 26, 2006

Alito Practicing Judicial Neutrality

According to Senator Herb Kohl (D-WI), Supreme Court Justice Nominee Samuel Alito is incapable of impartiality because he has refused to label Roe versus Wade “settled law”. Suppose Alito supported the pro-abortion decision; would that make him neutral? No, it would not; it would make him pro-abortion.

By the sheer definition of judicial neutrality, Alito should not take a position, for or against any measure or policy, including abortion. That is what Alito has done throughout this nomination process. And that is what has earned him the distain of liberals. Kohl and his fellows on the left, regardless of their public proclamations, do not want judicial neutrality. They would not hesitate, even for one brief moment, to support a pro-abortion, activist judge.

A number of Republicans voted for both of President Clinton’s nominees, Stephen Breyer and Ruth Bader Ginsburg. It will be interesting to see which Democrats are capable of impartiality; it will be interesting to see which of them can do what is best for the Nation, put partisan politics aside, and vote for a capable judge based on his qualifications.

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