Bench Memos

Greens Go After Alito

The WSJ reports that environmentalist groups are going to oppose the confirmation of Judge Alito (link for subscribers). This was inevitable. Many green groups are longstanding members of the Alliance for Justice, and environmentalists have become increasingly active in opposing Republican judicial nominees (as I discussed here). Even though Judge Alito’s record in environmental cases shows a commitment to legal principles over outcomes “for” or “against” environmental protection — as some environmentalists have acknowledged — expect the greens to come out swinging next week. Indeed, it may be Alito’s balanced record that sparks their opposition. As I noted here and here, some environmentalists opposed the confirmation of Priscilla Owen to the Fifth Circuit because she was not activist enough for their tastes.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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