Alito Confirmed by Senate 58-42. Sworn In

Another long drawn out confirmation battle has ended in VICTORY for the American people with the Senate confirmation of Samuel Alito as Associate Justice of the Supreme Court of the United States.

Fifty eight votes, a clear majority. An expression of the will of the people who elected the Senators voting "Aye" and re-elected the President who appointed Justice Alito.

However, the vote reveals a clear and disturbing trend toward politicization of these confirmations and threatens to taint the Judicial Branch itself.

My Senator Graham said this so much better than I could, so read it in the post below if you need a reminder of the issues at stake.

Consider this history courtesy of the Washington Post:

John Paul Stevens--Appointed by Gerald Ford. Confirmed 12/17/75 by a vote of 98-0.
Antonin Scalia--Appointed by Ronald Reagan. Confirmed 9/17/86 by a vote of 98-0.
Anthony Kennedy--Appointed by Reagan. Cofnfirmed 2/11/88 by a vote of 97-0.
David H. Souter--Appointed by George H.W. Bush. Confirmed 10/02/90 by a vote of 90-9.
Clarence Thomas--Appointed by George H.W. Bush. Confirmed 10/15/91 by a vote of 52-48.
Ruth Bader Ginsburg--Appointed by Bill Clinton. Confirmed 8/5/93 by a vote of 97-3.
Stephen G. Breyer--Appointed by Clinton. Confirmed 8/2/94 by a vote of 87-9.
John G. Roberts--Appointed Chief Justice by George W. Bush. Confirmed 9/29/05 by 78-22.

Apply New "Political" Standard Retroactively

O.K. Now that the Democrats have demonstrated that political concerns and the ideology of the nominee are the central criteria for confirming nominees. Let's go back and revote on the confirmation of Justices Breyer and Ginsburg. Would Breyer, a former longtime staffer to Senator Kennedy be considered "mainstream" and be reconfirmed? Would former ACLU chief lawyer Ginsburg, who advocated doing away with Mother's Day be reconfirmed?

It's a shame my suggestion is unlikely to be accepted. But more likely is the idea that future nominees will face an up or down vote based not on their qualifications, but the prevailing political power balance in the Senate. This makes the Judicial Branch a sad reflection of the whims of the Legislative Branch. And if the founders intended anything, it was for each Branch to be free of undue influence from the other.

Finally" for those still inundated by moonbats claiming that the court has taken a lurch to the right, this column by David Boaz at Reason Online puts the lie to that one. As Graham also points out, uber liberal Ginsburg replaced Justice White, a steady conservative voice. Boaz argues accurately that President Bush is restoring the previous liberal conservative balance of the court that was undermined by President Clinton's far-left appointments.

Update: Justice Alito Sworn in at 12:40 PM at the Supreme Court by Chief Justice Roberts.