Alito Nomination

NYT: Constitution? Schmonstitution!

By Mark Finkelstein | May 7, 2008 - 09:39 ET

At least they're open about it: the New York Times disdains Supreme Court justices who hew to the principles upon which this country was founded. The Times's admission came in the course of an editorial calling on Obama and Clinton to put aside their bickering and focus on beating John McCain. That is vital, in the Times's view, given McCain's pledge to nominate Supreme Court justices in the mold of John Roberts and Samuel Alito.

Writes the Times [emphasis added]:

Mr. McCain predictably criticized liberal judges, vowed strict adherence to the Founders’ views and promised to appoint more judges in the mold of Chief Justice John Roberts and Justice Samuel Alito. That is just what the country does not need.

Detroit Mayor Sex Scandal Revealed, But Not That He's a Democrat

By Warner Todd Huston | January 24, 2008 - 10:22 ET

Mayor Kwame M. Kilpatrick was at age 31 the youngest elected Mayor in the history of Detroit, the Motor City. Now, at 38, he is also the Vice President of the National Conference of Democratic Mayors as well as that organization's representative to the Democratic National Committee. He also seems to have a problem with appropriate behavior... then lies about it to try to cover it up. But one thing he doesn't seem to have to worry about is the MSM telling people he's a Democrat!

In a series of articles with ongoing coverage the Detroit Free Press reveals the attempted cover-up of an affair between Mayor Kilpatrick and his chief of staff, Christine Beatty.

CNN's Toobin: 'No Doubt' Roe v. Wade Will Be Overturned With Republican President

By Jason Aslinger | September 26, 2007 - 23:21 ET

According to CNN legal analyst Jeffrey Toobin, the election of a Republican president in 2008 will bring a certain end to Roe v. Wade.

Toobin has made the rounds promoting his new book, The Nine: Inside the Secret World of the Supreme Court. In a recent Time.com article (a straight question-and-answer account of his interview), Toobin stated the following:

Time.com: Your book strongly suggests that personalities and personal views are more important than case law.

Slate's Dahlia Lithwick: Senate Too Soft on Court Nominees

By Ken Shepherd | August 3, 2007 - 15:24 ET

Cry me a river. It appears that Slate's Dahlia Lithwick was driven to tears by the Supreme Court nomination hearings, according to Christina Bellantoni of the Washington Times:

"I covered those confirmation hearings. I went home at night in tears.
It was awful."

-- Dahlia Lithwick, Slate.com's Supreme Court reporter, talking at a Yearly Kos breakout session about the Senate's confirmation of Alito and Roberts and Democrats being too soft in their questioning.

(h/t CNSNews.com's Nathan Burchfiel)

Oh, and on a related note, Time magazine is spending money to wine and dine the Kossacks.

CBS News Analyst Dreams of Liberal Legal Nirvana

By Jason Aslinger | August 2, 2007 - 00:29 ET

In his recent blog ("Making Headlines: The Law, Summer 2007"), CBS News legal analyst Andrew Cohen describes his midsummer night's dream of legal headlines he would "like to see, but probably won't." In the tradition of another more-famous CBS employee, Cohen lists his "top ten" legal headlines - a wish list with an obvious liberal slant.

Here are some of Cohen's headlines, along with the necessary translation.

ABC Legal Analyst Admits to Media's 'Jerry Springer-esque' Supreme Court Commentary

By Jason Aslinger | July 21, 2007 - 12:13 ET

The recent additions of Justices Jonathan Roberts and Samuel Alito have admittedly changed the balance of power in the Supreme Court. It was inevitable that the Court would take a conservative turn. Equally inevitable was the media's hysterical reaction.

A narrow decision on partial birth abortion was described as reversing the precedent of Roe vs. Wade. A school zoning decision was touted by irresponsible commentators as having overturned Brown v. Board of Education. These decisions, and others, have led to personal attacks upon Roberts and Alito, as well as public pleas from legal analysts to the Court's new swing vote Justice Kennedy to "moderate" his position.

NBC Hits Supreme Court's 'Shift to the Right'

By Brad Wilmouth | July 1, 2007 - 18:15 ET

On Saturday's NBC Nightly News, correspondent Pete Williams presented a one-sided look at the Supreme Court's "shift to the right," conveying complaints by liberals over recent court rulings, but without showing any conservatives who supported some of the court's recent right-leaning decisions. Williams began his piece by quoting liberal Justice Stephen Breyer's complaint that "It's not often in the law that so few have so quickly changed so much,"  before playing a soundbite of the ACLU's Steven Shapiro: "Civil liberties and civil rights took a beating virtually across the board from race to religion to abortion to speech to the basic right to come into court and sue when you've been a victim of discrimination." Williams also found that Chief Justice John Roberts "has turned out to be more conservative than even some of the court's liberals thought he would be." (Transcript follows)

CBS Legal Analyst Slams Conservative Court, Kennedy for Key Votes

By Ken Shepherd | June 29, 2007 - 12:25 ET

The following is submitted by Jason Aslinger, a NewsBusters reader and a private practice attorney from Greenville, Ohio. Cohen pictured at right (file photo).

In his June 28 "Court Watch" article, CBS News legal analyst Andrew Cohen laments the conservative bent of the U.S. Supreme Court under Chief Justice John Roberts. But rather than give readers sound legal critiques, Cohen sounds out a decidely political lament.

With a title like “Rightward Ho!” you might think that Cohen would attack the Court’s conservative justices, and he does, dismissing Justice Samuel Alito as a "rigid starboard-facing ideologue" while he derides Chief Justice John Roberts as "silly and condescending."

Cohen lists several cases from the 2007 term in which, in Cohen’s view, Justice Alito delivered the deciding vote. Cohen writes:

Chicago Tribune: Campaign Finance Win a Boon to GOP; Ignores Labor Unions Also Happy

By Ken Shepherd | June 26, 2007 - 11:36 ET

In its rush to paint yesterday's Supreme Court ruling that struck down an issue ad ban contained in the so-called McCain-Feingold Law, the Chicago Tribune described the case as a win for President Bush and the GOP, even though the Bush administration's lawyers lost the case in question and even though the case benefits liberal activist groups as much as it does conservatives. What's more, Bush's appointees to the court actually restrained the conservative majority from taking a bigger swipe at the campaign finance law.

Here's the lede from the Tribune staffer David Savage:

WASHINGTON -- The Supreme Court gave President Bush and Republican leaders two important 5-4 victories Monday by clearing the way for corporate-funded broadcast ads before next year's election and by shielding the White House's "faith-based initiative" from challenge in the courts.

Oh really? President Bush signed the campaign finance bill into law, it was his Federal Election Commission that pleaded and lost the case, and he's not able to run again for reelection, yet somehow he won yesterday by virtue of his Federal Election Commission losing?

What's more, Republicans, conservatives, and business interests can certainly benefit from the change in the law, but so can Democrats, liberals, and labor unions, a point that the Washington Post's Robert Barnes picked up on in his reporting, which tracked favorable reaction from labor and business leaders:

CBS Legal Analyst Mocks Conservative Bent of Supreme Court Rulings

By Ken Shepherd | June 25, 2007 - 17:03 ET

CBS legal analyst Andrew Cohen found the rulings from the Supreme Court today to be a boon for conservatives, but he couldn't resist hinting about his personal opinions about those cases. He didn't seem to agree with any of them. (emphasis mine):

Conservatives go 4-4 today at the Supreme Court

Let's stay with our baseball theme today.

Legal and political conservatives hit for the cycle Monday morning when they "won" four long-awaited rulings from the United States Supreme Court. The Justices further chipped away at the wall that separates church and state, took some of the steam out of the McCain-Feingold campaign finance law, neutered federal regulators in environmental cases to the benefit of developers and slammed a high school kid who had the temerity to put up a silly sign near his high school.

'Today' Bouquet to Ginsburg Pits 'Rights' Groups vs. 'Conservatives'

By Mark Finkelstein | June 2, 2007 - 08:51 ET

In the MSM world of NBC, the only "rights" groups are liberal ones. And Supreme Court justices, at least women ones, are there to serve as advocates for their sex.

That was evident from the segment "Today" ran this morning, focusing on Supreme Court Justice Ruth Bader Ginsburg. The gist was that with Sandra Day O'Connor gone, it's a lonely struggle for Ginsburg as the high court's sole woman. "Today" portrayed that struggle not between liberals and conservatives, but between conservatives and various "rights" groups.

Campbell Brown introduced the segment.

'TODAY' WEEKEND TODAY CO-HOST CAMPELL BROWN: One thing as clear as the Court moves into its final weeks of the current session, it is much different place with just one female place among nine high court justices."

James Taranto: AP's Looking For Clones of Thomas, Who's A Clone Of Scalia...

By Tim Graham | May 12, 2007 - 07:27 ET

On his must-read "Best of the Web Today" column for Opinion Journal, the online home of the excellent Wall Street Journal editorial page, James Taranto did a nice analysis on Associated Press reporter Mark Sherman:

An Associated Press dispatch about Justice Sam Alito includes this gem of legal analysis:

Alito has voted with Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas in every case in which the court has been ideologically divided.

Really? We found 15 cases in which Alito did not vote the same way as Roberts, Scalia and Thomas, including five in which Alito was on one side and all of the other three were on the other.

Hardball: 'Moderate, Bi-Partisan' Chafee vs. 'Hard-Line Conservative' Laffey

By Mark Finkelstein | September 13, 2006 - 03:16 ET

What would you call someone who, as per Project Vote Smart, within the last six years has received a 100% rating from NARAL and Planned Parenthood and a 0% from the National Right-to-Life Committee? A 100% rating from the ACLU. A 0% rating from Phyllis Schlafly's Eagle Forum. A 100% rating from the League of Conservation Voters and a 0% rating from the conservative Family Research Council?

Oh, and someone who voted against George W. Bush for president in 2004, against the confirmation of Sam Alito to the Supreme Court, and who demands the withdrawal of US troops from Iraq?

I'd call that person a liberal. Not MSNBC. Not Hardball. Not Chris Matthews's field correspondent David Shuster. The person in question is Republican-barely-in-name-only Lincoln Chafee of Rhode Island. How did Shuster describe him in a set-up piece for Hardball's discussion of the Rhode Island GOP senatorial primary this evening? A "moderate Republican."

AP Hypes Liberals' Alito-Did-It Talking Point

By John Matthews | June 26, 2006 - 14:30 ET

Reporting on today’s 5-4 Supreme Court decision upholding a Kansas death penalty law, the Associated Press headlines:

"Alito breaks tie, Kan. death penalty stays"
The AP story begins:
New Supreme Court Justice Samuel Alito broke a tie Monday in a ruling that affirmed a state death penalty law and also revealed the court's deep divisions over capital punishment.
What the AP hypes about Alito’s vote is wrong. Alito didn’t break a tie. His was one of five votes cast by the majority of justices who upheld the Kansas law. Alito’s vote no more “broke a tie” than did the vote of any of the other four justices who formed the majority. And the AP knows that.

Scandal! CBS Spotlights How Alito Sent Thank You to a “Leading Opponent of Abortion”

By Brent Baker | March 1, 2006 - 21:34 ET

Wednesday's CBS Evening News devoted about 20 seconds to anchor Russ Mitchell highlighting how “it was revealed today” -- as if it were some kind of cover-up being exposed -- “that the [Supreme] Court's newest member, Justice Samuel Alito, sent a personal thank you note to a conservative Christian leader who supported his nomination.” Mitchell then identified that recipient as James Dobson, of Focus on the Family, and stressed how he “is a leading opponent of abortion.” What did Alito write that CBS considered so newsworthy? Mitchell relayed: “Dobson read the note in his radio program today, quoting Alito as saying he appreciated those who prayed for him and he'll remember the 'trust' that's been placed in him." But a reading of the actual letter (reprinted below) suggests Dobson just got a form letter Alito sent to all of those who congratulated him on his confirmation, not a coded commitment to Dobson's agenda on abortion.

Neither ABC or NBC mentioned the matter on their Wednesday night newscasts, but that could just be due to the AP not distributing a dispatch on it until late in the day. The AP's Colleen Slevin allowed a Supreme Court spokesman to explain how the same language appeared, in Slevin's words, “in many replies he wrote to congratulatory letters." Slevin, however, felt compelled to consider potential improprieties, turning to a professor who “said Alito's letter did not appear to violate ethical standards,” before she related how “Americans United for Separation of Church and State called the letter 'grossly inappropriate.'” (More from the AP story, the text of the letter and CBS's item in full, all follow.)

Clueless Ellen Ratner Claims Alito Will Vote "Catholic Ticket"

By Mark Finkelstein | February 4, 2006 - 09:08 ET

When it comes to malign intent, Ellen Ratner will be hard-pressed ever to outdo the hope she expressed in 2003 that the Iraq war go badly in order to promote Democratic political interests.

But Ratner might well have plumbed a new personal low in religious stereotyping and sheer ignorance this morning when she explained Justice Sam Alito's recent vote to stay an execution by claiming that he votes the "Catholic ticket."

Her ill-informed allegation came in the course of "The Long & the Short of It," a regular Fox & Friends Weekend feature in which she debates conservative columnist Jim Pinkerton.

ABC Radio Exec Sent Along Kerry's Anti-Alito E-Mail

By Tim Graham | February 3, 2006 - 11:53 ET

Hand me a tardy pass, but Cam Edwards, radio host for NRANews.com (also on Sirius satellite radio), relayed earlier this week on his new three-amigos blog that an ABC Radio executive (please note: not an "objective" news guy) was an anti-Alito activist on the side:

Friday afternoon I received one of those forwarded emails from a buddy of mine. The subject: asking people to sign on to John Kerry’s petition to filibuster Sam Alito.

The email was started by a KaufNYC@aol.com, with the message “forward away, my liberal friends”. One of those who received the message was a guy named David Kaufman, a Vice President of Affiliate Relations for ABC Radio. He forwarded on the email with his own message: “Help stop the craziness!”

NY Times' Selective Use of Political Labels in Alito Story

By John Matthews | February 2, 2006 - 12:38 ET

Let’s look at the use of the labels "conservative" and "liberal" in Tuesday's New York Times online story of the Alito confirmation vote.

Reporter David Stout begins:

Judge Samuel A. Alito Jr., who has been widely praised for his intellect and integrity but both admired and assailed for his conservative judicial philosophy, was confirmed today as the 110th justice in the history of the Supreme Court.
A few paragraphs down we read:
The vote is also a triumph for the conservative movement, whose adherents have longed to tilt the balance of the court to the right.
The Times continues to use the “conservative” label throughout the story. Examples:
Legal scholars have described (Alito’s) jurisprudence as … solidly conservative. …

Yo, Matt: What Happened to "Ultra-Conservative" Sam? Lauer Discovers Radical Islam

By Mark Finkelstein | February 2, 2006 - 08:52 ET

On a slow news day, a couple Today show notes, both concerning Matt Lauer.

Readers will recall, as described here, that on the eve of the confirmation hearings Lauer branded Sam Alito an "ultraconservative." No mea culpas from Matt this morning in the wake of Alito's vote splitting from the court's conservative wing and staying the execution of a death-row inmate. Today did label Alito's decision a "Supreme Surprise." Observed Katie Couric:

"Everyone expected Alito to be a reliable, consistent conservative on the high court which is why so many are a little shocked that he sided with liberals and moderates in his very first vote on the high court last night."

NYT: Alito Tilts "Court to the Right," But Ruth Bader Ginsburg was Apparently Apolitical

By Clay Waters | January 31, 2006 - 15:25 ET

New York Times "continuous news desk" reporter David Stout posted a story at 1:23 Tuesday afternoon marking the confirmation of Samuel Alito to the Supreme Court by a Senate vote of 58-42.

The teaser sentence: “The vote is a triumph for President Bush and conservatives who have longed to tilt the balance of the court to the right.”

Stout’s text emphasizes Alito’s conservatism again and again:

“Samuel A. Alito Jr., who has been widely praised for his intellect and integrity but both admired and assailed for his conservative judicial philosophy, was sworn in today as the 110th justice in the history of the Supreme Court. The ceremony, at the Supreme Court, came shortly after Justice Alito was confirmed by a sharply divided Senate, which voted 58 to 42, largely along party lines.”