The Only Question for Alito That Matters

Finally someone sums it up at LewRockwell.com:

Harvey Silverglate:

"Bush has lent fresh urgency to the question of executive supremacy, which is why Alito is obligated to state precisely where he stands on this all-important matter. Just as worrisome as Bush’s domestic-spying activity, for example, is his recent jujitsu move on torture: when, after much resistance, he finally agreed to sign the anti-torture statute forced on him by Republican senator John McCain of Arizona and a bipartisan congressional coalition, he issued a 'signing statement' warning that he would construe the act 'in a manner consistent with the constitutional authority of the President to supervise the unitary executive branch and as Commander in Chief and consistent with the constitutional limitations on the judicial power.' Interestingly, Alito devised the concept of a presidential 'signing statement' as a young attorney in the Reagan administration, thus enabling presidents to spin how they intended to interpret a statute. Bush spun this already dubious principle all the way out, reserving the right to ignore the congressional statute, and the courts too, if in his sole judgment he believes that torture is in the national interest. This may not have been Alito’s intent, but Alito should not be afforded the luxury of refusing to answer questions about presidential power – in this instance or any other – merely because a case involving this principle might come before the Supreme Court."