Tuesday, January 24, 2006

Dershowitz on Alito

To what extent does a justice's rulings depend on the law, and to what extent on personal beliefs? Alan Dershowitz believes he knows.

Almost all justices vote almost all of the time in accordance with their own personal, political and religious views. That is the reality, especially on the Supreme Court, where precedent is not as binding, and where cases are determined less by specific facts than by broad principles.
The broad outline is obvious for all to see. Justice Alito will generally favor big government, big corporations, big religions and big majorities over ordinary citizens, consumers, minorities, religious dissidents, immigrants, persons suspected of crime and disenfranchised voters. He will have a narrow view of civil rights, women's rights, disability rights and immigrants' rights, and he will have a broad view of presidential power and states' rights (except in cases like Bush v. Gore). His membership in the Princeton alumni group that opposed the admission of women and affirmative action for minorities suggests that he will be unsympathetic to affirmative action.

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