Judge Samuel Alito's confirmation hearing

[YASNY]

The confirmation hearing has begun. I think we should use this thread to discuss this tremendously important event in US history. This will be a long, contentuous and on going subject. I would also suggest this thread be pinned.

 

Edit: As an afterthought, I also suggest it be moved "The Filibuster" forum.

Edited January 9, 2006 by YASNY

[YASNY]

I have to say this much. The first 12 of the Senate Judiciary Committee have given their opening statements. Of those 12, two democratic senatorsa impressed me, Fiengold and Biden. On the other hand, Kennedy's a moron.

[WCSox]

Edit: As an afterthought, I also suggest it be moved "The Filibuster" forum.

 

How appropriate, given that the Dems just might do the same.

[Balta1701]

Didn't I already start an Alito thread here?

[whitesoxmurph]

By listening to the Dems I guess I missed that part of the U S Constitution that states that the Supreme court must be divided evenly and that an outgoing Justice must be replaced with a Justice of the same politcal beliefs. I guess I better pull out my copy and read it again... Oh wait a minute I seem to recall that Justice Ginsburg (Left leaning counsel for the ACLU) replaced Justice White (Right of center for sure), that can't be right can it?

[Cknolls]

I have to say this much.  The first 12 of the Senate Judiciary Committee have given their opening statements.  Of those 12, two democratic senatorsa impressed me, Fiengold and Biden.  On the other hand, Kennedy's a moron.

 

Just wondering, who will explode first: Hastert or Ted Kennedy?

[WCSox]

By listening to the Dems I guess I missed that part of the U S Constitution that states that the Supreme court must be divided evenly and that an outgoing Justice must be replaced with a Justice of the same politcal beliefs. I guess I better pull out my copy and read it again... Oh wait a minute I seem to recall that Justice Ginsburg (Left leaning counsel for the ACLU) replaced Justice White (Right of center for sure), that can't be right can it?

 

Dems can't really complain about John Robers, a moderate conservative who replaced Rhenquist (a very staunch conservative). Alito is obviously much more conservative than O'Connor, but it's not like Bush has gone out of his way to swing the Court way over to the right ideologically.

[Balta1701]

Dems can't really complain about John Robers, a moderate conservative who replaced Rhenquist (a very staunch conservative).  Alito is obviously much more conservative than O'Connor, but it's not like Bush has gone out of his way to swing the Court way over to the right ideologically.

I understnad what you're saying in that it's just 1 justice being replaced here, but when the court is basically sitting 4-4 with a notorious swing vote in the middle...replacing that swing vote with a person from either side could very well produce a massive ideological shift.

[Cknolls]

I understnad what you're saying in that it's just 1 justice being replaced here, but when the court is basically sitting 4-4 with a notorious swing vote in the middle...replacing that swing vote with a person from either side could very well produce a massive ideological shift.

 

Kennedy is not a conservative. If anything, the court is now 4 Libs 3 Cons 2 moderates to Cons.

 

With his confirmation the Court will be 4-4-1 to 5-4 Cons. Kennedy is not a lock to vote in step with the conservatives on the Court.

 

One more nomination and bush con cement his legacy on the Court for the next 15 years. Hopefully, Ginsburg or Stephens steps down in the next 3 years. I am putting my money on Stephens. The guy is 85 yrs. old. Do we want his clerks writing his opinions or do we want the man who was confirmed to write his own opinions. The former is what happened to Thurgood Marshall before he stepped down.

[WCSox]

I understnad what you're saying in that it's just 1 justice being replaced here, but when the court is basically sitting 4-4 with a notorious swing vote in the middle...replacing that swing vote with a person from either side could very well produce a massive ideological shift.

 

Still, the overall ideological shift is minimal. Alito is probably a little more liberal than Rhenquist was. Roberts is a little more conservative than O'Connor (a Reagan appointee).

 

Bush could've easily nominated two far-right conservatives, but didn't. I think that his approach was pretty fair, even if it means that liberals no longer have O'Connor's swing vote.

[Balta1701]

Hmph, Senator Lindsey Graham, one of the members of the Senate Judiciary committee, was part of a practice panel to allow for coaching of Mr. Alito before these hearings.

[mr_genius]

Just wondering, who will explode first: Hastert or Ted Kennedy?

 

 

Probably Kennedy, alcohol is very combustible.

[NUKE_CLEVELAND]

I understnad what you're saying in that it's just 1 justice being replaced here, but when the court is basically sitting 4-4 with a notorious swing vote in the middle...replacing that swing vote with a person from either side could very well produce a massive ideological shift.

 

 

If that was such an issue then your side should have worked harder to defeat Bush. To the winner go the spoils.

[mr_genius]

If that was such an issue then your side should have worked harder to defeat Bush.  To the winner go the spoils.

 

They did, but Bush stole a bunch of votes.

 

duh

[EvilMonkey]

Let's see. Kennedy claimed "In an era when America is still too divided by race and riches, Judge "Alioto" has not written one single opinion on the merits in favor of a person of color alleging race discrimination on the job. In fifteen years on the bench, not one."

 

I guess he is never one to let facts get in the way of a good soundbite. Or maybe it was the alcohol talking....

 

* In Goosby v. Johnson & Johnson Medical, Inc., 228 F.3d 313 (3d Cir. 2000), a race and sex discrimination case, Judge Alito reversed the district court's decision to grant summary judgment to the defendant employer. The Third Circuit ruled that the plaintiff, a black woman, had introduced enough evidence to call into doubt the employer's explanation for why she was given lower-quality assignments.

 

* In Smith v. Davis, 248 F.3d 249 (3d Cir. 2001), an African-American probation officer brought a claim of race and disability discrimination in violation of Title VII and the Americans with Disabilities Act. Judge Alito joined a unanimous decision to reverse the lower court's grant of summary judgment for the defendant employer.

 

* In Jones v. Ryan, 987 F.2d 960 (3d Cir. 1993), an African-American defendant was convicted in Pennsylvania court of robbery and criminal conspiracy; at trial, the prosecutor used peremptory challenges to exclude three African-Americans from the jury. Judge Alito joined a unanimous opinion holding that the prosecutor had discriminated against the potential jurors on the basis of race, and granting the defendant habeas relief.

 

* In Brinson v. Vaughn, 398 F.3d 225 (3d Cir. 2005), an African-American defendant was convicted of first-degree murder in Pennsylvania court and sentenced to life in prison. The prosecutor had used 13 out of 14 peremptory challenges against African-American potential jurors, and Judge Alito held that this pattern raised an inference of discrimination.

 

http://committeeforjustice.org/contents/al...liberties.shtml

[YASNY]

Didn't I already start an Alito thread here?

 

My apologies man. I started this thread while in SL&P. I looked while in there and, of course, didn't see one.

[Balta1701]

Let's see.  Kennedy claimed "In an era when America is still too divided by race and riches, Judge "Alioto" has not written one single opinion on the merits in favor of a person of color alleging race discrimination on the job. In fifteen years on the bench, not one."

 

I guess he is never one to let facts get in the way of a good soundbite. Or maybe it was the alcohol talking....

http://committeeforjustice.org/contents/al...liberties.shtml

Just out of curiosity, did he actually author any of those opinions, or did he just sign onto opinions written by others? Your post lists 2 which says he just signed on, and 2 which don't say explicity whether he wrote them or not.

[Balta1701]

Hmph, the GOP called a Pro-Alito witness from the National Association of Women Lawyers, an organization which ruled that Alito was unqualified.

[samclemens]

I've been following the hearings, and I believe that Alito will be confirmed, but very closely. Roberts absolutely had the committee eating from his hand.

 

Alito obvioulsy has certain views, but I dont believe that anyone can say that he isnt being forthcoming and correctly answering these questions.

 

of course, kennedy is blathering on and on about nothing, but even joe biden seems to be behaving.

 

i'll call it now and say that alito is confirmed.

[samclemens]

Just out of curiosity, did he actually author any of those opinions, or did he just sign onto opinions written by others?  Your post lists 2 which says he just signed on, and 2 which don't say explicity whether he wrote them or not.

 

it shouldnt make a sifference. whether he authored to opinion or not, he felt strongly enough to agree with another's opinion. judges that are higher ups usually will write a concurrence even if they agree, but have other reasons for agreeing. if alito signed onto an opinion, it means he felt that way.

[Balta1701]

it shouldnt make a sifference. whether he authored to opinion or not, he felt strongly enough to agree with another's opinion. judges that are higher ups usually will write a concurrence even if they agree, but have other reasons for agreeing. if alito signed onto an opinion, it means he felt that way.

Yes, but the poster is calling Kennedy a liar and a drunk, and if the author is going to do that, he better make very sure he's right in his post.

 

It does make a difference also, because a judge's writings are what you look for to express a Judge's beliefs most clearly. If Kennedy's looking for those from a Judge, and he can't find any over 20 years, he's at least going to be disappointed, and he might have reason to ask why that judge hasn't written anything at all on that topic.

 

For example, with Justice Janice Rogers Brown, who was filibustered in the Senate after nominated to an appeals court position, it was specifically her writings, which were often very abrasive, which got her into trouble, far more than just her votes. Similarly, Harriet Meirs's writings, which were often described as childish, were some of the key parts in the downfall of her nomination. Writings just contain vastly more detail than a simple vote.

[Cknolls]

Joe Biden= 3673 words.

 

Judge Alito= 1013 words.

 

No excuses for not knowing what the Judge thinks about a particular subject.

 

If I remember correctly, Biden did the same thing with CJ Roberts.

[NorthSideSox72]

Specific issues aside for the moment, am I the only one who looks at the total historical package of Alito, and sees a flag waving in the wind? Honestly, the guy seems sort of spineless to me. His opinions appear to be greatly influenced by the suitability of response. Seems like he wants really badly to be a politician.

 

Roberts, on the other hand, seemed rock solid and reliable. And far less politically-minded.

 

From what I've read (which is admittedly not exactly volumes), and what I've seen of Alito, I'm not impressed.

[kevin57]

Both Roberts and Alito "danced" to one degree or another in answering the questions.

 

I would rather have a nominee be upfront to these arrogant "mini-kings" in the Senate, but when they get their little egos offended, they exact revenge (e.g., a filibuster).

 

The bottom line is that the people have twice elected Bush as president. He gets to nominate judges. So long as they are competent and morally upright--and no one alleges that Alito is anything but--they should be confirmed.

 

When the uber-liberal Ginsberg or Bryer was nominated, you didn't hear this sort of ideological talk.

[Balta1701]

Specific issues aside for the moment, am I the only one who looks at the total historical package of Alito, and sees a flag waving in the wind?  Honestly, the guy seems sort of spineless to me.  His opinions appear to be greatly influenced by the suitability of response.  Seems like he wants really badly to be a politician.

 

Roberts, on the other hand, seemed rock solid and reliable.  And far less politically-minded.

 

From what I've read (which is admittedly not exactly volumes), and what I've seen of Alito, I'm not impressed.

"Actually I voted against Roe v. Wade before I voted for it."

 

"Samuel Alito. Whichever way the wind blows"