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October 31, 2005

A Wise Choice

With the foolishness of the Miers pick behind him, President Bush appears to have figured out how the world is supposed to work once more. His selection of Samuel Alito to replace Justice Sandra Day O'Connor is an excellent one. Not because I have any idea how he'll rule, but because he is clearly qualified for the job. With fifteen years of experience on the 3d Circuit, there is no question Alito is capable of sitting on the Supreme Court. Now the question that remains is, is Alito an originalist who will rule based on what the law says rather than what he wants it to say?

The Democrats aren't happy with the Alito nomination, which is a good start, but there are plenty of Republicans who are more interested in how a nominee with vote than why, so that is not evidence that Alito will be a good judge. However, his writing style is a significant point in his favor, for my money. While reading a Scalia opinion may be entertaining thanks to his wit, I'm not convinced a court decision is the place for wit. A court decision should lay out what the law is, and a Supreme Court in particular needs to be rational and incisive so that lower courts are able to understand precisely what the decision is and how it is to be applied. Alito's writing style seems well-calibrated for such opinions, and that alone would make him a significant improvement over many justices currently on the bench, O'Connor in particular.

There's little doubt the coming weeks will be filled with unpleasantness on both sides as various factions take to the airwaves in hopes of furthering their preferred outcome. But the Republicans have every right and reason to approve Alito and place him on the court as quickly as possible, Democratic objections aside. Barring any surprises, Judge Alito should become Justice Alito within the month.