more Alito fun

Biden, who rambled about being a Ivy League parent for a while yesterday, donned a a Princeton Univ. hat to show how he too was a concerned alumni of princeton (CAP).

Coburn expressed anger that Sen. Durbin changed his mind on the abortion question, but wasn't there. When Durbin got there, he was upset about the comment and wanted to respond, but Coburn was no longer there. When Coburn was there, and Durbin was only 20 seconds into his response he referred to Sen. Hatch, who, of course, wasn't in the room. Specter said they would have to get the 3 Senators in the hearing at the same time. Meanwhile, they are supposed to be asking questions to some guy who is could replace Sandra Day for life, what was his name again?

Kennedy motioned for the committee to go into executive session to consider issuing a subpoena for records related to Concerned Alumni of Princeton. Specter, caught off guard by Kennedy's motion, scolded Kennedy for not mentioning the proposal in advance. Kennedy said he sent Specter a letter on 12/22 requesting the "William Rusher papers" from the Library of Congress. Kennedy: "If you're going to rule it out of order, I want to have a vote on that." Specter to Kennedy: "I'm not going to have you run this committee" Specter: "There was no letter, which I received... I take umbrage at you telling me what I received." Then Kennedy presented Specter's reply to Kennedy's initial letter. Oops.

Sen. Feinstein wants to try "one more time" to get him to give her a satisfactory answer on Roe. She says that according to the Washington Post, yesterday Alito used a phrase to describe stare decisis -- that precedent "is not an exorable command" -- that the former Chief Justice used in a case in which he was arguing for overruling Wade. Did he mean to use it in the same way? Alito and Feinstein discuss whether one should believe everything one reads in the Washington Post.

And a congressional hearing wouldn't be complete without a sports or war analogy. Grassley Compared Alito to a quarterback whose team is ahead in the fourth quarter, charged that Democrats are going to keep "trying to sack you." "They haven't hit you all day," he said, so expect some "last minute Hail Marys." GROAN.

Hatch spent most of his time lobbing softball questions to Alito that allowed him to rebut criticisms made over the past two days by Democratic senators.

HATCH: But most employment discrimination cases really are decided at the lower level. ALITO: Most of them are. HATCH: And when they get up to your level it's generally decided on technical or a procedural basis. Am I wrong in that? ALITO: No, that's correct, Senator.

And now for some boring actual questions about pressing constitutional issues:

LEAHY: But does the president have unlimited power just to declare a statute -- especially if it is a statute he had signed into law -- to then declared that unconstitutional, and he’s not going to follow it?
ALITO: If the matter is later challenged in court, of course, the president isn’t going to have the last word on that question. That’s for sure. And the courts would exercise absolutely independent judgment on that question. It is emphatically the duty of the courts to say what the law is when constitutional questions are raised in cases that come before the court.
LEAHY: Now, that is an answer I agree with. Thank you.