Progressive Nation

November 7th, 2005

Restrain Yourself

College Republican in today’s Daily Princetonian:

Senators will have the opportunity to examine a formidable paper trail in the coming months, but Judge Alito’s record is unlikely to reveal any of the “radical” decisions of which he has been accused. Rather, the nominee’s work will show that he is a considerate, mainstream jurist who takes a restrained view of the role of the judiciary and applies the law strictly in court decisions.

vs.

RUSSERT: Do you believe Congress has the right to restrict the sale and transfer of machine guns or do you think that Judge Alito is correct that Congress should not be interfering in that?

SEN. TOM COBURN (R-OK): No, I think we probably have the right to do it. But I don’t think a judge has the right. That brings us back to the whole point. Those aren’t decisions judges should be making. Those are decisions legislatures should be making. That’s how we’ve gotten off on this track that we allowed judges to start deciding the law, new law, rather than interpret the law that the Congress — what should have napped this case is this is an area that’s up for debate and needs to go back to Congress. And if Congress decides that, then it should be there.

RUSSERT: So Judge Alito was wrong?

COBURN: Sure.

RUSSERT: And he was legislating?

COBURN: Sure.

- Senator Tom Coburn (R-OK) on Meet the Press yesterday.

So much for Alito’s “restrained view of the role of the judiciary.”

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