Alright, so you’re George W. Bush. Your presidency is essentially in complete and utter collapse: your relationship with Cheney is on the rocks, your top aides are being indicted or being threatened with indictments, a war you started under questionable, if not outright dishonest pretenses is failing both in reality and in the court of public opinion, you’re at least partially responsible for the most massive failure in federal aid since Reconstruction, your base feels betrayed because when you had the opportunity they’ve been preparing for since the 1970s you tried to appoint your buddy lawyer to the Supreme Court, and congressional leadership, which had been acting as a wing of the executive branch since 2002, has finally grown a set of opinions, in large part because most of them are considering trying to replace you. Basically, you’re losing at everything: competence, popularity, politics and legacy.
Luckily, you manufactured a problem with executive privilege and have another shot at the Supreme Court. What do you do? You appoint the most conservative judge you can find. Enter, Judge Samuel Alito. Now, I’m not really qualified to comment on the actual legal issues at hand (although it never stopped me commenting on other things), so I’ll let you dig through what you think of the law, Alito’s jurisprudence, etc. on your own. When you do, educate me! What I can see quite clearly, is the President Bush is looking for a fight and he’s looking for a fight that he thinks will reunite his party and get him a big W in his column (no pun intended). If Democrats challenge, they’ll have to pull a filibuster, and W thinks he can win that political food fight. Judging from last Spring, he may be right. Democrats, liberals etc. throughout the country may be having small seizures as they read this man’s world view, but that’s why you win presidential elections.