# You lost on Alito,  what next?

**URL:** <https://boards.straightdope.com/t/you-lost-on-alito-what-next/342332>\
**Category:** Great Debates\
**Created:** [January 31, 2006, 11:41am UTC](https://boards.straightdope.com/t/you-lost-on-alito-what-next/342332 "2006-01-31T11:41:57Z")\
**Posts on this page:** 6\
**Page:** 5

<div class="post-metadata">

**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [February 1, 2006, 6:53pm UTC](https://boards.straightdope.com/t/you-lost-on-alito-what-next/342332/81 "2006-02-01T18:53:53Z")

</div>

> [@Sevastopol](#):
>
> The diversity of the common law system mirrors physics. It precludes a ‘simple unified theory’ for every category of cases.

😕 What about physics precludes a unified theory?

---

<div class="post-metadata">

**Author:** ![Sevastopol](https://avatars.discourse-cdn.com/v4/letter/s/cdc98d/32.png) [@Sevastopol](https://boards.straightdope.com/u/Sevastopol)\
**Post date:** [February 2, 2006, 1:43am UTC](https://boards.straightdope.com/t/you-lost-on-alito-what-next/342332/82 "2006-02-02T01:43:02Z")

</div>

> [@Bricker](#):
>
> Actually, I don’t consider it “acceptable.” I find his actions understandable, though, because he believed, in good faith, in what he was told. His reliance on flawed intelligence was ultimately in error.
> 
> And I don’t consider FDR’s behavior acceptable, either. I was merely pointing out that an action which history broadly judges as benign was as fraught with ambiguity as Bush’s action is.
> 
> In either case, the process bothers me; I am not upset about the result. That should not be mistaken as approval of the process. I have many times criticized the Bush administration’s incompetence in evaluating intelligence data that led them to make the errors they did. What I’ve said in this thread is that, even though that issue is troubling, I believe that the correct result was reached.

This sort of tendentious argument is an example of why people don’t share your judicial preferences.

Why? The argument plainly is not true. “Good faith,” “flawed intelligence,” these are smokescreen in the same league as “strict constructionism.” Yet behold. A result you agree with is achieved.

Is this what you believe in, that people untrained in formal argument are deserving of contempt? Because this is what your preferred reasoning evidences.

---

<div class="post-metadata">

**Author:** ![Sevastopol](https://avatars.discourse-cdn.com/v4/letter/s/cdc98d/32.png) [@Sevastopol](https://boards.straightdope.com/u/Sevastopol)\
**Post date:** [February 2, 2006, 1:48am UTC](https://boards.straightdope.com/t/you-lost-on-alito-what-next/342332/83 "2006-02-02T01:48:18Z")

</div>

> [@BrainGlutton](#):
>
> 😕 What about physics precludes a unified theory?

I’m not sufficiently expert to explain, so you are warned. It currently appears that quantum (or particle?) physics, taken to the level of theory and overall description has produced a number of rules or observations that cannot be reconciled or unified with other branches of the physical sciences. IOW the study of one area of physics produces rules that do not apply to others’.

---

<div class="post-metadata">

**Author:** ![Sam\_Stone](https://avatars.discourse-cdn.com/v4/letter/s/ecccb3/32.png) [@Sam\_Stone](https://boards.straightdope.com/u/Sam_Stone)\
**Post date:** [February 2, 2006, 7:43am UTC](https://boards.straightdope.com/t/you-lost-on-alito-what-next/342332/84 "2006-02-02T07:43:25Z")

</div>

This just in…

[Alito Splits With Conservatives in First Ruling](http://www.breitbart.com/news/2006/02/02/D8FGQUCGM.html)

> [@](#):
>
> New Supreme Court Justice Samuel Alito split with the court’s conservatives Wednesday night, refusing to let Missouri execute a death-row inmate contesting lethal injection.
> 
> Alito, handling his first case, sided with inmate Michael Taylor, who had won a stay from an appeals court earlier in the evening. Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas supported lifting the stay, but Alito joined the remaining five members in turning down Missouri’s last-minute request to allow a midnight execution.

---

<div class="post-metadata">

**Author:** ![What\_the](https://avatars.discourse-cdn.com/v4/letter/w/f4b2a3/32.png) [@What\_the](https://boards.straightdope.com/u/What_the)\
**Post date:** [February 2, 2006, 9:57am UTC](https://boards.straightdope.com/t/you-lost-on-alito-what-next/342332/85 "2006-02-02T09:57:53Z")

</div>

> [@Sam Stone](#):
>
> This just in…
> 
> [Alito Splits With Conservatives in First Ruling](http://www.breitbart.com/news/2006/02/02/D8FGQUCGM.html)

Goodness gracious! Is he mainstream after all!? :eek:

---

<div class="post-metadata">

**Author:** ![What\_the](https://avatars.discourse-cdn.com/v4/letter/w/f4b2a3/32.png) [@What\_the](https://boards.straightdope.com/u/What_the)\
**Post date:** [February 2, 2006, 10:05am UTC](https://boards.straightdope.com/t/you-lost-on-alito-what-next/342332/86 "2006-02-02T10:05:17Z")

</div>

> [@Frostillicus](#):
>
> You picked a very appropriate username, because my first reaction upon reading most of your postings is “What the…!!!” 😕

Excellent observation ! Seems like you’ve made it before 😉

See this way you get to make your own debate out of it …

1. Is Teddy Kennedy a whiner?

2. Did the opposition “lose”?

3. What does 'unified" mean?

4. Why did we enter WWII

5. What will the Dems do on the next nominee (if there is one)?

I believe that they will do their best to get the nucular trigger pulled because they like to whine about being victims of those rascally Repubs and because their best chance of getting a lefty on the court in the near future is with the bare minimum of 50 votes to beat a Republican fillibuster.

[Previous page](https://boards.straightdope.com/t/you-lost-on-alito-what-next/342332.md?page=4)
