Friday, January 13, 2006

The Times can't admit it has an Alito litmus test

I suppose the New York Times will continue telling us it believes Supreme Court nominee Sam Alito should be judged in terms of his fitness to interpret the Constitution and the law.

But an editorial today leaves no doubt the Times views the Alito nomination as all about one big litmus test: Will Alito, if confirmed, rule to uphold Roe v. Wade?

The Times doesn't say that, but it begins with:

There are many reasons to be concerned about the nomination of Judge Samuel Alito Jr. for the Supreme Court, but for a small group of moderate Republicans who strongly identify themselves as supporters of abortion rights, there is a special problem: if Judge Alito gets to the court, there is every reason to believe that he will vote to overturn Roe v. Wade when the opportunity comes.
And it ends with:
The single most important thing a senator can do to support abortion rights is to vote against Supreme Court nominees who would take such rights away. Given Judge Alito's record and his testimony, it is hard to see how Senators Specter, Chafee, Snowe and Collins - or any other pro-choice senators - can call themselves strong advocates of abortion rights if they support him.
Everything in between is about how the Times thinks Alito would rule on Roe v. Wade.

Many advocacy groups admit they use litmus tests for judicial nominees. Why can't the Times admit that, too? Because it fears the public backlash that would surely follow.

Under the American justice system judges are supposed to decide only after they've heard all the arguments during a judicial process. If we demand judges tell us how they'll decide cases before they're heard, we'll be like countries where you know a judges decision before the trial begins.

Most Americans don't want that to happen here. Our distrust on MSM news organizations will only grow if newspapers such as the Times begin admintting they advocate litmus tests for judges. So the Times won't admit it has one for Alito anymore than it will admit its news selection and reporting are influenced by liberal bias.

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