November 20, 2005
At least one Democrat appears to have rediscovered his spine:
WASHINGTON (AP) - The views that Samuel Alito expressed on reapportionment in a 20-year-old document could jeopardize his Supreme Court nomination and provoke a filibuster, a leading Democratic senator said Sunday.
“I think he’s got a lot of explaining to do, and depending on how he does, I think will determine whether or not he has a problem or not,” said Sen. Joseph Biden, a member of the Senate Judiciary Committee, which plans confirmation hearings in early January.
… Biden, D-Del., said he was most troubled by Alito’s comment about reapportionment under the Supreme Court when it was led by Chief Justice Earl Warren.
The Warren Court, as it became known, ended public school segregation and established the election principle of one-man one-vote.
“The part that jeopardizes it (Alito’s nomination) more is his quotes in there saying that he had strong disagreement with the Warren Court particularly on reapportionment - one man, one vote,” Biden told “Fox News Sunday.”
“The fact that he questioned abortion and the idea of quotas is one thing. The fact that he questioned the idea of the legitimacy of the reapportionment decisions of the Warren Court is even something well beyond that,” Biden said.
… “If he really believes that reapportionment is a questionable decision - that is, the idea of Baker v. Carr, one man, one vote - then clearly, clearly, you’ll find a lot of people, including me, willing to do whatever they can to keep him off the court. ... That would include a filibuster, if need be,” Biden said.
Kos diarist Nathan Newman has more on this issue.
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