Dem's Disgrace: Smear Alito to Wife's Face

Martha Alito During Third Day of Senate Confirmation Hearings.

Nearing the end of the third daylong hearing where the motives, thoughts, beliefs, practices, and values of Judge Samuel Alito were repeatedly called into question, Mrs. Alito, sitting behind her husband began to lose her composure as Senator Lindsey Graham (R-SC), speaking for many on the Republican side of the aisle apologized.

Graham asked the pointed question that was behind the Democrats bullying barrage (Washington Post transcript:): "How have you lived your life? Are you really a closet bigot?

To which Judge Alito answered: "I'm not any kind of a bigot, I'm not."

As Graham continued, the camera shows Mrs. Alito sitting behind the Judge's right shoulder begin to tear up, then sob softly.

Graham: No, sir, you're not. And you know why I believe that? Not because you just said it -- but that's a good enough reason, because you seem to be a decent, honorable man. I have got reams of quotes from people who have worked with you, African American judges -- I've lost my quotes.

Judge Higginbotham -- I don't know where they're at. But glowing quotes about who you are, the way you've lived your life; law clerks, men and women, black and white, your colleagues who say that Sam Alito, whether I agree with him or not, is a really good man.

You know why I believe you when you say that you disavow those quotes? Because the way you have lived your life and the way you and your wife are raising your children.

Let me tell you this: Guilt by association is going to drive good men and women away from wanting to sit where you're sitting. And we're going to go through a bit of this ourselves as congressmen and senators.

People are going to take a fact that we got a campaign donation from somebody who's found out to be a little different than we thought they were -- and our political opponent's going to say, "Aha, I got you!"
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Judge Alito, I am sorry that you've had to go through this. I am sorry that your family has had to sit here and listen to this.

If a picture paints a thousand words, the video speaks many volumes more

Political Teen has the video (1st download) showing Mrs. Alito responding to the kind words of Senator Graham after days of abuse at the hands of Kennedy, Schumer et. al. Michelle Malkin has the C-Span split screen video of Graham and Alito's exchange. Fox News Special Report with Brit Hume has this wrapup.

What's wrong with Democrats in the Senate that they would behave in such a blatant, confrontational manner, and launch a personal assualt against a man many of them had previously voted to confirm in other offices? Surely, if he was as rotten as they now suggest, wouldn't he have been unsuitable for ANY judgeship, not just the Supreme Court?

Senator Graham continued:

Now let's talk about another time not so long ago -- and another judge and some of her writings -- and see if the Senate is changing for the better or for the worse.

Justice Ginsburg, who I need to go have a cup of coffee with because I constantly bring her up and I do not dislike the lady; I admire her.

But let's put it bluntly, under today's environment, from a conservative's point of view, she would have a very hard time because Justice Ginsburg was the general counsel for the ACLU from 1973 to 1980.

And if you want me to tar somebody by their association, I can put up some pretty wild cases from my point of view where she was involved.

But you know what? I respect her because her job as an attorney for the ACLU is to represent the most unpopular causes.

And as far as I can tell during her time with the ACLU, she was honest, she was ethical and she fought for the most unpopular causes. And, for that, I respect her.

Graham went on to cite controversial writings Justice Ginsburg made on the topic of abortion before she joined the high court. and he concluded:

If she were here today and a Democratic president had nominated her and we take on the role that our colleagues are playing against you, not only would she not have gotten 96 votes, I think she would have been in for a very rough experience.

And what's changed? Justice Ginsburg openly expressed a legal theory about Roe v. Wade. My question to you: If I am arguing a case that would alter Roe v. Wade, would I have the ability because of her prior writings to ask her to recuse herself based on those writings alone?

Don't ever let anyone try and pull the moral equivalence argument "There's no difference between Democrats and Republicans." Here is yet another perfect example. Few Republican Senators would have voted for the confirmation of Justice Ginsburg on the basis of her views on abortion or her association with the ACLU. But they did so anyway, because she was a qualified judge, and she was appointed by a President who had won the right by his election to make the nomination.

Now however, it appears that many Democrats will stand against the confirmation of Judge Alito to the Supreme Court, not because he is not qualified; he has the highest rating from the liberal American Bar Association. They will vote against him precisely based on his conservative philosophy. Their candidate for President could not win election to the presidency and despite that reality, they still presume to dictate the suitability of judicial nominees.

Democrats Violate Constitutional Prohibition on Religious Test

Voting against confirming a nominee, not on the basis of qualifications, but on beliefs, especially regarding an issue like abortion, amounts to a religious test. Such a test is directly prohibited by the United States Constitution, the highest legal authority, in terms that are clear:

Article VI: ...The Senators and Representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States.