Graber Continues His Anti-Bush Rants ...
In the release issued this morning, Graber said that Alito's nomination "further demonstrates President George Bush's committment to the right wing of the Republican Party."
He criticized Alito for being "committed to the conservatism of Justices Clarence Thomas and Antonin Scalia, rather than the conservativsm of Sandra Day O'Connor, Anthony Kennedy and, even William Rehnquist."
He worried that Bush "will have further opportunity to reshape the bench in the image of his most vocal, but not necessarily most numerous, supporters."
It seems that Graber would like to think that Harriet Miers, who withdrew herself from consideration for the Court last week, was a victim of the extreme right wing because she didn't extol the virtues of conservative judicial activism. In fact, Miers withdrew because everyone realized she was unqualified.
Graber also seems to forget that Bush's supporters are in fact vocal and numerous. Bush defeated Kerry in the Electoral College 286-251 and in the popular vote by more than 3,000,000.
A constitutional expert should know that the president is in charge of nominating people to the courts. And technically, he's allowed to choose anyone he wants to nominate. And if the Senate confirms them, he wins.
Of course Judge Alito is extremely qualified, considering his immense experience both as a lawyer and as a judge on the Third Circuit Court of Appeals. The only reason Graber should find him unqualified is that their judicial philosophies differ.
It's called democracy ... when people elect a president and federal representatives, those representatives (in this case senators) are responsible for representing the people. In the last election, the people clearly supported George W. Bush and Republican candidates for the Senate, so it looks like professor Graber can blame his own friends for not convincing America to vote for John Kerry.
And until he can do that, he should consider whining in privacy, where he won't make the university look bad.