Jan. 10,4:13 p.m.: Judging Alito, the death penalty, trusting neighbors, Sutter in the hall

   "To a greater extent than any nominee for the high court in recent memory, and very possibly in the long history of the country, Alito has placed himself clearly and unequivocally at odds with the original intent of the authors of the Constitution and the incontrovertible language of the document."

— John Nichols
By: Hank Kalet
Judging Alito
   Some stories that remind us exactly what is at stake during the ongoing Alito hearings. Judge Sam Alito, a New Jersey native, has been nominated by President George W. Bush to take the U.S. Supreme Court seat being vacated by Justice Sandra Day O’Connor.
   Judge Alito is considered a conservative and pro-life, but in the lead-up to the hearings, as has been the case in recent years, the judge and many of his allies have sought to cloudy his record. It is difficult to know what will happen when a judge takes to the high court, but there are issues that need to be addressed before the Senate confirms anyone for the O’Connor seat — perhaps, most importantly, the issue of executive power and the separation of powers.
   John Nichols weighs in with this:
   "With the high court widely expected to rule on multiple cases involving questions about presidential war-making, the War Powers Act and domestic manifestations of the Bush administration’s so-called ‘war on terror,’ the position of every justice on issues of executive authority becomes more significant. And potential changes in the court that might make it more deferent to an executive branch that appears to be bent on eliminating all checks and balances as the confirmation of Alito would surely do are, necessarily, the most consequential of matters.
   "What is at issue here is not a gray area of legal interpretation.
   "The authors of the Constitution were absolutely determined to prevent presidents from making war without the consent of Congress and from abusing a state of war to curtail domestic liberties."
   Judge Alito, he writes, has been a cheerleader for the kind of all-encompassing privilege assumed by the Bush administration.
   "To a greater extent than any nominee for the high court in recent memory, and very possibly in the long history of the country, Alito has placed himself clearly and unequivocally at odds with the original intent of the authors of the Constitution and the incontrovertible language of the document.
   "Alito is consistently on record as favoring steps by the White House to in his words ‘increase the power of the executive to shape the law.’"
   And The Nation writes that Judge Alito’s 15-year-record as a judge "demonstrates that Alito is at odds with the interests of ordinary Americans."
The death penalty
   Here is good news on the death penalty.
Trusting our neighbors
   Kudos to the community on this one.
Sutterin the hall
   Congrats to Bruce Sutter. But where are Goose and Jim Rice?
   If I could have voted, I would have backed Sutter, Gossage, Rice, Andre Dawson and Jack Morris. I also like Dave Concepcion — a defensive whiz who was respectable at the plate at a time when most shortstops hit like pitchers.