December 12, 2005

Greetings from Cato

Like Walter, I haven’t always seen eye to eye with the Bush administration or with the Committee for Justice, so I also appreciate Curt’s and Sean’s willingness to invite me to participate. I'm Mark Moller, a senior fellow at the Cato Institute, where I speak and write about the Supreme Court’s docket, oversee Cato’s amicus program, and also run Cato’s annual legal journal, the Cato Supreme Court Review.

I won’t pretend that I avidly endorse every aspect of Judge Alito’s record: Like Ilya Somin, I suspect (based on sheer conjecture) that I will be relatively pleased with Alito’s approach to federalism and the First Amendment, but the civil libertarian in me won't be pleased with his approach to, for example, criminal procedure.

Even so, I firmly believe that the judicial branch benefits from an unpoliticized nomination process, in which nominees who are demonstrably capable, independent, and committed to the rule of law get confirmed. That’s Judge Alito. And that’s why I’m willing to support his nomination even though I’m sure I won’t agree with all of his opinions. I only wish Senate Democrats were willing to do the same.

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