Alito Now As Popular as Roberts

Wednesday, December 21, 2005

ABC News has a new poll out that should have anti-Alito liberals nervous:

Dec. 21, 2005 -- Most Americans support both Samuel A. Alito and Roe v. Wade.

Whether these two are in conflict is not entirely clear. But the disclosure that Alito wrote an anti-Roe memo while a Justice Department lawyer does not look to have hurt his nomination: Fifty-four percent of Americans say the Senate should confirm him, up slightly since early November.

Support for Alito is about the same as it was for newly installed Chief Justice John Roberts on the eve of his confirmation hearings in September.

Democrats cannot contemplate filibustering a Supreme Court candidate who's supported by more than 60% of the country. I don't even think you could get away with filibustering a nominee who's supported by 45% of the country. But now that he's as favorable as Chief Justice John Roberts was, liberals might as well get used to saying "Associate Justice Sam Alito" come February.

I give very little credence to the Roe debate among the average American as the average American can't name four of the nine Supreme Court justices. People wrongly assume that the overturning of Roe v. Wade would instantly put an end to abortion.

Instead, it would allow the states to debate the issue democratically. And because the same poll says more than 40% of the country wants to make abortion more restrictive I think they would welcome the reversal if only because it would allow passage of commonsense abortion laws.

Of course, this whole debate is moot if Alito votes to uphold Roe.