January 04, 2006

The press will take the ABA's rating of Judge Alito as "Well Qualified" more seriously than it deserves. No matter the ideology, most of the candidates for this position are, by definition, exceedingly "qualified", that is, they have graduated from elite schools, worked at the right law firms, and held the standard jobs within government. The GOP's efforts of late to paint the nation's bar associations as liberal cabals ignores the plain fact that they're all old boys' networks, run by wealthy corporate shills and entirely comfortable with the status quo.

It's when they withhold the highest rating that there's a story. Once Clarence Thomas received only a "Qualified" rating from the ABA in 1991, his nomination was destined for trouble; it gave the fencesitters in the Senate, like Howell Heflin, a way to vote against him without having to fear any political repurcussions. The "Not Qualified" rating Janice Rogers received from the State Bar of California when she was first nominated for the state Supreme Court (based mainly on a lack of judicial temperament) has trailed after her ever since, symbolizing her as just another in a long line of empty suits the GOP trots out to prove they aren't racists. All Alito has done is clear a very low hurdle.

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