One potentially hot-button case was a 2001 opinion joined by Judge Alito that set aside Environmental Protection Agency orders to clean up ammonia from a fertilizer plant that polluted drinking-water wells in Lansing, Mich. In that case, the majority found the agency lacked a "rational basis" for the remediation it required of W.R. Grace & Co., the fertilizer-plant operator.
A dissenting judge wrote that while EPA's order may have suffered from "poor draftsmanship,' judges are not "expert environmental toxicologists" and should defer to the agency. Yesterday, the advocacy group Earthjustice issued a statement claiming Judge Alito repeatedly has sought to scale back congressional power "to enact laws that protect our health and environment."
No matter how thrillingly pro-business Alito's record is to the Bush base, they will never be able to turn him into anything but Bush's second choice. The untethered Bush selected his sycophantic nanny Harriet Miers to take Sandra Day O'Connor's seat. It was only when fanatical Christians put Bush's thumbs in the screws that they got their dream date: Scalito.
Incompetence is a form of pollution, and with Bush we get it both ways: in the water and in the White House. And therein lies the problem of Republicans — even when his followers come to sip from the fountain of Bush, there will always be ammonia in the water.
UPDATE: A side note about ethnicity. I too am Italian-American, and dispute the GOP talking point that the term "Scalito" is an anti-Italian-American slur. It isn't. It is a purely anti-conservative slur. Italian-Americans didn't put George W Bush in the White House in 2000 — Scalia did.
Conversely, the nomination of Scalito, given his lack of a uterus, could be viewed as a slur against American women.
