The Confirmation of Samuel Alito to the Supreme Court

The "Talking Points Memo" this evening is about another piece of history, the confirmation of Samuel Alito to the Supreme Court. By a vote of 58-42, the Senate confirmed Judge Alito this morning, but there was deep-seated anger in the secular progressive precincts. That's because with Alito and Judge Roberts now in the court, traditionalists will rule and secular progressives will have a much more difficult time getting their agenda mandated into law.

Remember, the SPs cannot win at the ballot box. They must rely on sympathetic judges and courts to implement what they want, like the gay marriage legalization in Massachusetts.

Quick background. A traditionalist believes America was well founded and does not want drastic changes to the country. Secular progressives believe that the USA is a flawed nation fundamentally, and needs a vast overhaul, including a move away from Judeo-Christian traditions.

This is not a liberal-conservative deal. Many liberals are traditionalists. However, Senator Ted Kennedy, a very liberal thinker, is also an avid SP proponent. And he went ballistic over Judge Alito.

(BEGIN VIDEO CLIP)

SEN. TED KENNEDY (D), MASSCHUSETTS: He failed to demonstrate before the Judiciary Committee that he was committed to the continued march of progress. He doesn't have to say how he's going to vote on a particular case, but he has to make it clear that he understands what this nation is all about, why we are the envy of the world for the progress that we have made, to knock down the walls of discrimination and prejudice, and open up new opportunities for progress for our people. That's the definition of America.

(END VIDEO CLIP)

O'REILLY: Now progress for our people means big changes in society.

Ironically, the secular progressive Ninth Circuit Court of Appeals in San Francisco makes my point today. It ruled that the congressional ban on partial birth abortion is unconstitutional.

Remember, Congress has elected to make the laws. And the majority of lawmakers and indeed Americans believe aborting a baby in late term is wrong unless the life of the mother is in danger.

But the Ninth Circuit does not believe that. It believes a baby can be terminated in the womb at any time, for any medical reason, and stated so today. This is a vivid example of judicial fiat, judges, not congress, making the law.

Now Roberts and Alito aren't going to go along with that. And that's why Kennedy and other SPs are so angry. They are losing power in this country, and they know it. And that's "The Memo."

The Most Ridiculous Item of the Day

A "Rally for Justice" in St. Albans, Vermont, drew about 200 people on Saturday, many of them protesting the lenient sentence Judge Edward Cashman gave a man who raped a 6-year-old over a four-year period.

Few Vermont politicians turned out, as we predicted. And the mayor of the town actually stuck up for Cashman. The situation in the Green Mountain State continues to be very disturbing.

Vermont now has a chance to pass Jessica's Law. We will track that story along with the trial of another man accused of raping the same little girl. Ridiculous? You make the call.