Confirm\nThe abortion controversy is a red herring that obscures the most important issue regarding Alito and the increasingly imperial presidency. Consider two cases:\nIn Doe v. Groody, Alito justified the strip search of a 10-year-old girl. A warrant had been issued for the house she was in, but only the name of a suspected drug dealer was on the warrant. Alito decided that the search of the girl was practical and consistent with purpose of the warrant.\nAs a lawyer, Alito argued that a police officer was justified in shooting an unarmed 15-year-old fleeing a house with $10. He did so under a strict application of the Fourth Amendment, and concluded it was permissible to kill fleeing suspects to prevent their escaping the legal process. \nAlito's logic in the two cases is contradictory. In the first, he uses a loose definition of who can be searched under a warrant. In the second, he adopts a strict interpretation of the Fourth Amendment to justify what seems illogical. The thinking in both cases is very different, but they are unified by deference to the government.\nIt is with great caution and fear that I grudgingly approve Sam Alito to the bench.
Judging a justice
IDS columnists decide if Alito should be confirmed to the U.S. Supreme Court
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