Archive: Alito Nomination
Alito Confirmed
Samuel A. Alito Jr., has been confirmed as associate justice of the Supreme Court by a 58 to 42 vote.Every Republican except Sen. Lincoln Chafee (D-RI) voted for confirmation.Democrats voting for confirmation were Robert C. Byrd (W. Va.), Kent Conrad (N.D.), Ben Nelson (Neb) and Tim Johnson (S.D.)Independent Jeffords voted noRoll Call below (There were some technical problems with the first roll call version, for which I apologize)...
By Fred Barbash | January 31, 2006; 10:47 AM ET | Comments (183)
The Roberts Court
The Senate is expected to confirm Samuel A. Alito, Jr., as associate justice of the U.S. Supreme Court in a vote that begins at 11 a.m. Alito replaces retiring Justice Sandra Day O'Connor, who joined the court in 1981. Alito is expected to be sworn in later today. Assuming Alito's confirmation, here is the new Supreme Court of the United States, in order of seniority: John Paul Stevens--Appointed by Gerald Ford. Confirmed on 12/17/75 by a vote of 98-0. Antonin Scalia--Appointed by Ronald Reagan. Confirmed 9/17/86 by a vote of 98-0. Anthony Kennedy--Appointed by Reagan. Cofnfirmed on 2/11/88 by a vote of 97-0. David H. Souter--Appointed by George H.W. Bush. Confirmed on 10/02/90 by a vote of 90-9. Clarence Thomas--Appointed by George H.W. Bush. Confirmed on 10/15/91 by a vote...
By Fred Barbash | January 31, 2006; 10:31 AM ET | Comments (10)
Chafee to Vote Against Alito--AP
The Associated Press reports: Republican Sen. Lincoln Chafee of Rhode Island announced Monday that he would vote against Samuel Alito's Supreme Court confirmation. He is the only member of the Republican Party so far to announce that he will vote against the conservative judge. (Click here to read Chafee's statement.) Chafee's announcement came as liberal Democrats waged an eleventh-hour attempt Monday to block Alito's confirmation, calling on senators to try to stall the judge's nomination before he becomes the 110th justice on the highest U.S. court and tilts it further to the right. "I think he is the wrong judge at the wrong time in the wrong place," said Sen. Edward Kennedy, D-Mass., a longtime liberal stalwart. "I do not believe he is going to be part of the whole movement of the continued march towards progress in this country."...
By Fred Barbash | January 30, 2006; 12:26 PM ET | Comments (33)
Filibuster Vote Set for 4:30
The Senate is expected to vote on cutting off debate on the Alito nomination at about 4:30 this afternoon, clearing the way for a confirmation vote tomorrow, in time for the State of the Union speech. ...
By Fred Barbash | January 30, 2006; 12:18 PM ET | Comments (22)
Frist Calls for Vote
The Associated Press is reporting that Majority Leader Bill Frist (R-Tenn.) has announced the Senate will have a vote on Monday to end the debate on Samuel Alito's nomination. Frist said, "It is time to establish an end point" in the debate over President Bush's selection to replace Justice Sandra Day O'Connor, according to the AP. The Senate will vote Monday on cutting off debate. If Alito's supporters get 60 votes in the 100-member body, the confirmation vote will follow on Tuesday....
By Lexie Verdon | January 26, 2006; 05:45 PM ET | Comments (38)
Bush Meets With Alito's Clerks
President Bush met this afternoon with a group of former clerks for Judge Samuel Alito. The president said that the group included both Democrats and Republicans and that they uniformly support the Alito nomination, arguing that Alito is not motivated by politics in his decision. "They are uniquely qualified to assess what kind of Supreme Court Justice he would be," Bush said. ". . . [H]e has the strong support of all 54 of his former clerks, regardless of their political beliefs. Judge Alito has earned broad support from his fellow judges on the 3rd Circuit." He again called on the Senate to vote quickly on the Alito nomination. The official White House transcript of the president's remarks can be found in the Continue Reading section of this posting....
By Lexie Verdon | January 25, 2006; 04:52 PM ET | Comments (21)
Video: Senate Democrats Oppose Alito Nomination
Senate Democrats charged Wednesday that Supreme Court nominee Samuel A. Alito Jr. would be too deferential to presidential power. Click below for video excerpts: var movieSrc = "http://media.washingtonpost.com/wp-srv/mmedia/player/player2.swf?whichMode=normal&justify=center&playad=no&mediatype=stream&postdir=apdaily&postvideo=012506-12v&cuesfile=none&autoplay=no&starttime=0&endtime=0&largerver=none&image=012506&playlistxml=none" ; //URL OF WHERE .SWF MOVIE IS PUBLISHED var movieWidth = "427" ; //FLASH MOVIE AND BACK-UP GRAPHIC WIDTH var movieHeight = "300" ; //FLASH MOVIE AND BACK-UP GRAPHIC HEIGHT var backupGraphic = "no" ; // If you have a backup graphic "yes" or "no" var graphicSrc = "" ; var graphicLink = "" ; //requiredVersion: Change this to 8 to test your alternate text. var requiredVersion = 7; // version the user needs to view site (max is 7, min is 2) var useRedirect = false; // "true" loads new flash or non-flash page into browser // "false" embeds movie or alternate html code into current page // set next three vars if useRedirect is true... var flashPage = "flash.htm"; //...
By washingtonpost.com Editors | January 25, 2006; 03:53 PM ET | Comments (9)
Video: White House Urges Quick Vote on Alito
White House Press Secretary Scott McClellan said Tuesday that Samuel Alito is "someone the American people can be proud of," and he deserves a swift up or down vote from the Senate. Click below to watch the video: var movieSrc = "http://media.washingtonpost.com/wp-srv/mmedia/player/player2.swf?whichMode=normal&justify=center&playad=no&mediatype=stream&postdir=apdaily&postvideo=012406-25v&cuesfile=none&autoplay=no&starttime=0&endtime=0&largerver=none&image=&playlistxml=none" ; //URL OF WHERE .SWF MOVIE IS PUBLISHED var movieWidth = "427" ; //FLASH MOVIE AND BACK-UP GRAPHIC WIDTH var movieHeight = "300" ; //FLASH MOVIE AND BACK-UP GRAPHIC HEIGHT var backupGraphic = "no" ; // If you have a backup graphic "yes" or "no" var graphicSrc = "" ; var graphicLink = "" ; //requiredVersion: Change this to 8 to test your alternate text. var requiredVersion = 7; // version the user needs to view site (max is 7, min is 2) var useRedirect = false; // "true" loads new flash or non-flash page into browser // "false" embeds movie or alternate html code into current page...
By washingtonpost.com Editors | January 24, 2006; 05:52 PM ET | Comments (5)
Bush Makes Pitch for Vote
President Bush, answering questions at an appearance at Kansas State University today, was asked about the nomination of Samuel Alito. He urged the Senate to give the nominee a vote quickly. Alito "is a very, very smart, capable man. I mean, when you talk to Sam Alito, you think smart judge," Bush said. "He's written a lot of opinions. His judicial philosophy is clear and his judicial temperament is sound." Bush said although he had heard "gossip about a filibuster," he believes that Alito has the support of the group of 14 senators who have pledged to stop filibusters of judicial nominees except in extraordinary circumstances. "There has been no sign of any extraordinary circumstance except for this extraordinary thing, he's extraordinarily capable to serve on the Supreme Court," Bush said. The president urged an "up or down" vote and said the Senate is scheduled to take up the matter...
By Lexie Verdon | January 23, 2006; 02:45 PM ET | Comments (17)
TV Ads Seek to Sway Sens. Conrad and Johnson
Over in The Fix politics blog, washingtonpost.com's Chris Cillizza reports on a pro-Alito group that's planning to run TV ads seeking to influence the votes of two Senate Democrats -- Kent Conrad (N.D.) and Tim Johnson (S.D.). Read the post here....
By washingtonpost.com Editors | January 19, 2006; 06:28 PM ET | Comments (9)
Mike Dewine
Following the pattern set by his GOP colleagues, Sen. Mike Dewine (R-Ohio) spent a considerable amount of his time refuting Democratic charges on behalf of the nominee -- with limited questions for Alito. "You can distort and misrepresent anyone's record. . . . Unfortunately, that is what some of your opponents are doing. . . ," said Dewine. The senator again tried to drive home the point that Alito has ruled in favor of minorities in lawsuits, not always siding with the employer or the government. Dewine, allowing the judge to refute charges that he means to limit congressional authority, asked Alito his views on the subject. "I think that the judiciary should have great respect for findings of fact. . . . The judiciary is not equipped at all to make findings on what is going on in real world and Congress is in the best position" -- from...
By Lois Romano | January 10, 2006; 03:49 PM ET | Comments (3)
Video: Excerpt of Sen. Hatch's Opening Remarks
Click below to watch an excerpt from Sen. Orrin Hatch's (R-Utah) opening remarks at the Alito confirmation hearings: var movieSrc = "http://media.washingtonpost.com/wp-srv/mmedia/player/player2.swf?whichMode=normal&justify=center&playad=no&mediatype=stream&postdir=nation&postvideo=010906-6v&cuesfile=none&autoplay=no&starttime=0&endtime=0&largerver=none&image=alitohearing&playlistxml=none" ; //URL OF WHERE .SWF MOVIE IS PUBLISHED var movieWidth = "427" ; //FLASH MOVIE AND BACK-UP GRAPHIC WIDTH var movieHeight = "300" ; //FLASH MOVIE AND BACK-UP GRAPHIC HEIGHT var backupGraphic = "no" ; // If you have a backup graphic "yes" or "no" var graphicSrc = "" ; var graphicLink = "" ; //requiredVersion: Change this to 8 to test your alternate text. var requiredVersion = 7; // version the user needs to view site (max is 7, min is 2) var useRedirect = false; // "true" loads new flash or non-flash page into browser // "false" embeds movie or alternate html code into current page // set next three vars if useRedirect is true... var flashPage = "flash.htm"; // the location of the flash movie...
By washingtonpost.com Editors | January 9, 2006; 01:45 PM ET | Email a Comment
Video: Excerpt of Sen. Leahy's Opening Remarks
Click below to watch an excerpt from Sen. Patrick Leahy's (D-Vt.) opening statment: var movieSrc = "http://media.washingtonpost.com/wp-srv/mmedia/player/player2.swf?whichMode=normal&justify=center&playad=no&mediatype=stream&postdir=nation&postvideo=010906-5v&cuesfile=none&autoplay=no&starttime=0&endtime=0&largerver=none&image=alitohearing&playlistxml=none" ; //URL OF WHERE .SWF MOVIE IS PUBLISHED var movieWidth = "427" ; //FLASH MOVIE AND BACK-UP GRAPHIC WIDTH var movieHeight = "300" ; //FLASH MOVIE AND BACK-UP GRAPHIC HEIGHT var backupGraphic = "no" ; // If you have a backup graphic "yes" or "no" var graphicSrc = "" ; var graphicLink = "" ; //requiredVersion: Change this to 8 to test your alternate text. var requiredVersion = 7; // version the user needs to view site (max is 7, min is 2) var useRedirect = false; // "true" loads new flash or non-flash page into browser // "false" embeds movie or alternate html code into current page // set next three vars if useRedirect is true... var flashPage = "flash.htm"; // the location of the flash movie page var noFlashPage = "noflash.htm";...
By washingtonpost.com Editors | January 9, 2006; 01:40 PM ET | Email a Comment
Video: Excerpt of Specter's Opening Statement
Click below to watch Sen. Arlen Specter's remarks: var movieSrc = "http://www.washingtonpost.com/wp-srv/mmedia/player/player.swf?whichMode=normal&justify=left&playad=no&mediatype=stream&postdir=nation&postvideo=010906-4v&cuesfile=none&autoplay=no&starttime=0&endtime=0&largerver=none&image=none" ; //URL OF WHERE .SWF MOVIE IS PUBLISHED var movieWidth = "454" ; //FLASH MOVIE AND BACK-UP GRAPHIC WIDTH var movieHeight = "275" ; //FLASH MOVIE AND BACK-UP GRAPHIC HEIGHT var backupGraphic = "no" ; // If you have a backup graphic "yes" or "no" var graphicSrc = "" ; var graphicLink = "" ; //requiredVersion: Change this to 8 to test your alternate text. var requiredVersion = 7; // version the user needs to view site (max is 7, min is 2) var useRedirect = false; // "true" loads new flash or non-flash page into browser // "false" embeds movie or alternate html code into current page // set next three vars if useRedirect is true... var flashPage = "flash.htm"; // the location of the flash movie page var noFlashPage = "noflash.htm"; // send user here if...
By washingtonpost.com Editors | January 9, 2006; 01:21 PM ET | Email a Comment
Video: Sen. Specter's Press Conf.
Click below to watch video of Sen. Arlen Specter's (R-Pa.) Dec. 2 press conference on the Alito nomination.
By washingtonpost.com Editors | December 2, 2005; 01:15 PM ET | Email a Comment
CFJ Pro-Alito Report
The Committee for Justice has issued a report responding to criticisms of Alito from liberal organizations. Click here to see it. The title is "Judge Alito's Record: Restraint, Commitment to Precedent, Faithful Application of the Law."...
By Fred Barbash | November 17, 2005; 08:23 PM ET | Email a Comment
SCOTUS to review 3d Circuit Case
By GINA HOLLAND, Associated Press The Supreme Court agreed Monday to consider reinstating rules that keep newspapers and magazines out of the hands of disruptive Pennsylvania inmates, a case that court nominee Samuel Alito dealt with. A panel of the 2nd U.S. Circuit Court of Appeals had sided with inmates who claimed the ban on most reading material and personal photographs violated their free speech rights. Alito, one of the lower court judges in the case, had filed a dissent and argued that the state should be allowed to withhold the news....
By Fred Barbash | November 14, 2005; 01:00 PM ET | Email a Comment
Dean: Alito "well outside the mainstream"
Excerpts from Howard Dean interviewed by Tim Russert on NBC's Meet the Press DR. DEAN: I must say, I rarely read editorials and I rarely agree with the ones I read. But The New York Times ran an editorial today, which I think is very instructive for the Democratic Party. This could be a defining moment. Judge Alito is a hard-working man, a good family man, but his opinions are well outside the mainstream of American public opinion. He condoned a strip-search of a 10-year-old when the police had no such warrant or indication to do so....
By Fred Barbash | November 13, 2005; 02:26 PM ET | Comments (6)
Prof. Bainbridge: Missing Miers
Stephen Bainbridge at Professor Bainbridge, bored with the smooth-sailing Alito nomination, longs for the "endless entertainment value' of Miers. "There was something new every day."...
By Fred Barbash | November 9, 2005; 04:56 PM ET | Comments (1)
Frenzies on both sides of the abortion debate.
Judie Brown of the American Life League writes at ProLifeBlogs of what she describes as a frenzy among pro-lifers worried that Alito is pro-abortion. Harvey A. Silverglate, in Reason, thinks there's a bit of a frenzy among liberals, especially in light of what he thinks are signs of sensitivity to civil liberties by Alito.:...
By Fred Barbash | November 9, 2005; 04:39 PM ET | Comments (2)
Catholics and Evangelicals
Franklin Foer, writing in the New Republic, sees the possible new Catholic Majority on the court as part of a wider Conservative alliance. "This unprecedented Catholic majority, assuming Alito's confirmation, might seem a historical accident. When George H.W. Bush appointed Thomas, it's a good bet that his Catholicism wasn't foremost on the president's mind. But the emergence of the Court's Catholic bloc reflects the reality of social conservatism: Evangelicals supply the political energy, Catholics the intellectual heft."...
By Fred Barbash | November 9, 2005; 03:52 AM ET | Comments (8)
Alito: Swimmingly in the Senate
Ten days into the Alito nomination, there are no blunders, gaffes or revelations. A brief flurry yesterday, sparked by a report in the Daily Princetonian about Alito's alleged views on Roe, fizzled quickly when the paper corrected itself. Alito's "missing senior thesis" resurfaced, and how fortunate for him that he chose not to write about anything remotely controversial, but rather tackled the worthy subject of the court system in Italy. The paper was so good that his professor decided to hold onto it all these years. As the Princetonian put it, "Alito's thesis offers few clues on his judicial philosophy," though undoubtedly someone will take up the challenge and try to come up with some. Dale Russakoff, in the Washington Post, has a fascinating piece on how Alito managed to teach a Seton Hall Law School course on "Terrorism and Civil Liberties," in the wake of 9/11, without providing even...
By Fred Barbash | November 9, 2005; 02:44 AM ET | Email a Comment
Lieberman, Alito and Roe
WASHINGTON (AP) -- Supreme Court nominee Samuel Alito said the court's landmark Roe v. Wade decision deserves "great respect" but did not commit to upholding it in the future, senators said Tuesday. Sen. Joseph Lieberman, D-Conn., said Alito told him the 1973 Roe v. Wade decision establishing abortion rights "was precedent on which people, a lot of people, relied, and had been precedent now for decades and therefore deserved great respect." Lieberman called that "encouraging," but also said the federal judge had not assured him that he would not overturn Roe....
By Fred Barbash | November 8, 2005; 12:41 PM ET | Comments (4)
Alito Clerks for Alito
Progress for America announces a news conference of former Alito Clerks: Bipartisan Group of Judge Alito's Former Law Clerks to Hold Press Conference - Alito Clerks to Meet with Senators, Present Endorsement Letter - Date/Time: Wednesday, November 9, 2005 1:00 PM Location: National Press Club Zenger Room - 13th Floor 529 14th Street, NW Washington, DC Participants: C. Frederick Beckner III John Brewer Monica Dolin...
By Fred Barbash | November 8, 2005; 11:57 AM ET | Email a Comment
Document Mini-Dump
DOJ Press Release: The Department of Justice will make available approximately 50 pages of materials relating to Samuel A. Alito, Jr. today, from 2 p.m. to 5 p.m. EST. These documents consist of White House records from the Ronald Reagan and George H.W. Bush libraries and have been previously made available through the National Archives. The documents will be available for review at: The Department of Justice RFK Building (Room 1211), 950 Pennsylvania Avenue, N.W., Washington, D.C. 20530 All media must present government-issued photo ID (such as driver's license) as well as valid media credentials. Media interested in attending the event should enter through the Visitor Center at the Constitution Avenue entrance. All press inquiries regarding logistics should be directed to the Office of Public Affairs at 202-514-2007....
By Fred Barbash | November 8, 2005; 11:36 AM ET | Email a Comment
Murphy, Princetonian and Roe
The Dow Jones Wire is now quoting the Princetonian quoting Prof. Murphy quoting Samuel Alito saying that Roe was wrongly decided. As I note in the previous post, Prof. Murphy tells me in an email that he said no such thing about Alito. He did not discuss Roe with Alito, he says. Here's the top of the Dow Jones story: NEW YORK (Dow Jones)--The Roe v. Wade decision on abortion rights was wrongly decided, Supreme Court nominee Samuel Alito believes, his former college thesis adviser says, a newspaper reported Tuesday. MEANWHILE: The Princetonian has appended this correction to its original story:Correction The original article mistakenly that Walter Murphy said he and Alito agreed that Roe v. Wade was wrongly decided. The error was a result of a misinterpretation of an earlier quote. In an interview Tuesday morning, Murphy said: "Sam and I have never talked about Roe v....
By Fred Barbash | November 8, 2005; 11:23 AM ET | Email a Comment
Princetonian article
According to The Daily Princetonian A) Alito's senior thesis, previously missing, has been unearthed and B) Alito friend Professor Walter Murphy says the two of them agreed that Roe was wrongly decided. The article does not provide a supporting quote from Murphy on Roe. I emailed Professor Murphy and got this response: I haven't seen the story in The Prince, but I did NOT say that Sam & I agreed that Roe was wrongly decided. I think it was, but he and I have never discussed it; thus I can't report his views. He graduated from PU a year before Roe. The point I was trying to make was that, even if Sam thought that Roe was wrong, he would not necessarily vote to overturn it. Thanks to blogger Howard Bashman at How Appealing for the link....
By Fred Barbash | November 8, 2005; 08:12 AM ET | Comments (3)
Althouse takes on Tribe on FMLA
Ann Althouse does a double-take as she reads Laurence Tribe's depiction of Alito's opinion on the Family Medical Leave Act....
By Fred Barbash | November 8, 2005; 03:37 AM ET | Comments (3)
Specter: "A high wire act...without a net."
Judiciary Committee Chairman Arlen Specter (R-Pa.) once again confronts the abortion controversy. "You really wonder with all the tremendously important issues that the court faces... that the woman's right to choose dominates the scene, but it does," Specter continued. "That's the principal battle line which is present." Steve Goldstein writes in the Philadelphia Inquirer....
By Fred Barbash | November 8, 2005; 03:21 AM ET | Comments (1)
Alito, AIDS and foster care.
Gay rights advocates take another look at Alito in light of a supportive 3rd Circuit opinion he joined on the subject of AIDS, foster care and the disability act, reports the New York Blade....
By Fred Barbash | November 8, 2005; 03:17 AM ET | Email a Comment
"Old Boys' Club"
Here's a release from the Feminist Majority on opposition to Alito, quoting National Council of Women's Organizations chair Susan Scanlan as saying "The President has no excuse for nominating yet another member of his Old Boys' Club...."...
By Fred Barbash | November 7, 2005; 05:09 PM ET | Email a Comment
Tribe on Alito
Harvard Prof. Laurence H. Tribe has this op-ed in the Boston Globe, questioning Alito's views on women. A counterpoint on the same page comes from Cathy Young, who questions "the effort to paint" Alito "as an ogre who would plunge us back into the Dark Ages...."...
By Fred Barbash | November 7, 2005; 09:05 AM ET | Comments (4)
Alito and abortion.
The Washington Post today carries this editorial questioning conventional assumptions about Alito and abortion. (I am republishing it here rather than linking because of technical problems.) LIBERALS OPPOSED to the nomination of Judge Samuel A. Alito Jr. to the Supreme Court and conservatives ecstatic over it seem to agree that abortion is one area in which the judge will, if confirmed, shift the court substantially to the right. Though he has not publicly pronounced his views of Roe v. Wade , both sides seem to regard his record on abortion as clear enough to assume him a vote to overturn abortion rights. But Judge Alito's record on abortion is more complicated than the caricatures would suggest. His opinions imply a discomfort with legal abortion and suggest that he may be more willing than Justice Sandra Day O'Connor to uphold restrictions on abortion. But his writings also reflect an effort to...
By Fred Barbash | November 7, 2005; 06:11 AM ET | Comments (6)
Sunday Papers
Charles Lane, in the Washington Post, points to signs that Alito is unlikely to vote to overturn much of anything. In Sunday's Washington Post Outlook section: "Why Alito's the Man for the True Conservative Agenda," by John Hinderaker and Paul Mirengoff John Broder, in the New York Times, asks experts whether the hyberbolic language of the Bork/Alito critics--who are, in fact, the same people-is anything more than hyperbolic....
By Fred Barbash | November 5, 2005; 06:15 PM ET | Email a Comment
Anti-Alito Ads
People for the American Way says it will start running this ad on Meet the Press Sunday. It's accompanied by stills of Bush, Katrina devastation, Scooter Libby and of troops in Iraq with the words "2000 dead" superimposed. Here is the text: "Katrina. Iraq. Indictments. George Bush's presidency is in trouble and he'll do anything to save it. Even giving the radical right wing the power to choose who sits on the Supreme Court. First the radical right vetoed Harriet Miers to replace Sandra Day O'Connor. Now Bush has named their hand picked candidate, Samuel Alito, threatening fundamental rights and freedoms that Justice O'Connor protected. Contact your Senators. Tell them the court belongs to all of America, not to the radical right....
By Fred Barbash | November 5, 2005; 05:37 AM ET | Comments (12)
Alito in the news.
Charles Babington, in the Washington Post, says Alito is showing a willingness to discuss key issues in his meetings with Senators, "a potentially risky strategy that so far seems to be serving him well," according to members of the Senate Jo Becker, in the Washington Post, uses Alito's 1989 remarks on the Supreme Court's independent counsel ruling as a window on his possible views on other separation of powers issues. Charlie Savage and Rick Klein have a similar piece in the Boston Globe. Stephen Labaton, in the New York Times, reports that a review of Alito opinions and dissents show that he has "reliably favored big-business litigants...." Matthew Hay Brown, in the Baltimore Sun, reports on the rapid mobilization on Alito's behalf by evangelical organizations. Harry Weinstein in the Los Angeles Times looks at cases "cited by liberal groups as evidence that Alito holds little sympathy for workers who claim...
By Fred Barbash | November 5, 2005; 04:48 AM ET | Comments (2)
AP-Ipsos Poll on Alito
The AP reports: Early support for Supreme Court nominee Samuel Alito is considerably weaker among such key groups as evangelicals, Republicans and the wealthy than it was for John Roberts, an AP-Ipsos poll found. The survey put public sentiment for Alito closer to the level of early backing for the failed nomination of Harriet Miers....
By Fred Barbash | November 4, 2005; 09:09 PM ET | Comments (2)
Emily Bazelon in Slate
Emily Bazelon, writing in Slate, has an excellent piece on the difficulty of judging Alito's impact on the court from his prior decisions. Unlike many of the journalists who are tackling this problem, she's actually read the opinions about which she's writing--in their entirety....
By Fred Barbash | November 4, 2005; 04:29 PM ET | Email a Comment
Friends of Judge Alito
From Progress for America comes a list of friends and admirers of Judge Alito available for (presumably) positive interviews. C. Frederick Beckner III: Mr. Beckner is a partner with a law firm in Washington, DC. Mr. Beckner has known Judge Alito since 1994 when he served as one of his law clerks. Michael Covino: Mr. Covino is an attorney with the law firm of Budd Larner in Short Hills, N.J. Mr. Covino has known Judge Alito since 1991 when he served as one of his law clerks....
By Fred Barbash | November 4, 2005; 12:14 PM ET | Email a Comment
Kinsley, Krauthammer and more.
"Judicial power is like government spending," Michael Kinsley writes in today's Washingtion Post."People hate it in the abstract but love it in the particular. That makes an honest debate hard to have and harder to win. Nevertheless, it would be nice to have one." "In the coming days you will hear that Alito "supports" strip searches of 10-year-olds and the private possession of machine guns," writes Charles Krauthammer in the Post today. "The Brady anti-gun campaign has already called Alito "Machine Gun Sammy." You will also hear that he is hostile to minorities, immigrants, women, workers, the disabled, the environment . . . you name it. These claims are based on the same distortion that we see in attacks on Alito's abortion ruling in Casey -- the deliberate confusion of a constitutional judgment (almost invariably based on the Supreme Court's own precedents) with a personal policy preference. Read "How to...
By Fred Barbash | November 4, 2005; 03:20 AM ET | Email a Comment
Alito Hearing Schedule
Tentative schedule for Supreme Court nominee Samuel Alito's confirmation hearings. They are to begin Monday, Jan. 9, before the Senate Judiciary Committee: Jan. 9: The committee convenes at noon. Senators give their opening statements. Alito gives his opening statement. Jan. 10: Senators begin questioning Alito....
By Fred Barbash | November 3, 2005; 06:19 PM ET | Comments (2)
Massive Ad Battle Seen
Release from the Brennan Center suggests that the Alito nomination may trigger an expensive ad war not seen since the battle over Bork. Here's the release: A study of interest group reactions to this year's Supreme Court nominations shows that the pick of Judge Samuel Alito could well trigger the kind of confirmation battle not seen since Judge Robert Bork was voted down in 1987. The data show many groups announcing their support or opposition much more quickly than for either the John Roberts or Harriet Miers nominations, leading analysts to believe that spending on TV ads over the Alito confirmation battle will far eclipse the estimated $2.4 million spent on the Roberts nomination. ...
By Fred Barbash | November 3, 2005; 09:47 AM ET | Comments (4)
Alito on Right to Privacy
This report from Bloomberg says that Alito told Sen. Richard Durbin (D-Ill.) that he recognized the right to privacy. A New York Times report on the meeting with Durbin says Alito named as his favorite justices: Rehnquist, Harlan, White and William Brennan. "One of these things is not like the others," says the article, quoting Sesame Street....
By Fred Barbash | November 3, 2005; 07:57 AM ET | Comments (1)
Post-ABC Poll on Alito
Richard Morin reports in the Washington Post this morning on a new Post-ABC News poll on the Alito nomination. The poll suggests the nomination could become one of the more divisive actions of the Bush administration.Initial public reaction to new U.S. Supreme Court nominee Samuel A. Alito was generally favorable but far from enthusiastic as half the country say he should be confirmed by the Senate and fewer than a third view him as too conservative, according to a new Washington Post-ABC News poll. Alito begins the confirmation process with the support of 49 percent of the public while 30 percent currently say he should not be confirmed, the poll found. One in four Americans--24 percent--didn't yet know enough about him to make a judgment....
By Fred Barbash | November 3, 2005; 07:09 AM ET | Comments (2)
Alito colleagues on Alito
Hope Yen of AP reports: Judges who have served with Samuel Alito say he's unquestionably a conservative who would push the Supreme Court to the right, likely favoring new abortion restrictions that retiring Justice Sandra Day O'Connor would not. Five current or former judges on the Philadelphia-based 3rd U.S. Circuit Court of Appeals interviewed by The Associated Press described Alito as thoughtful, intelligent and fair. They said he has great respect for precedent-setting decisions and none of them offered that he would be likely to vote to overturn the 1973 Roe v. Wade decision legalizing abortion....
By Fred Barbash | November 3, 2005; 06:40 AM ET | Comments (2)
Gang of 14
By Jesse J. Holland of AP:The 14 centrists who averted a Senate breakdown over judicial nominees last spring are showing signs of splintering on President Bush's latest nominee for the Supreme Court....
By Fred Barbash | November 2, 2005; 07:57 PM ET | Comments (2)
Undergrad Alito Chaired Gay Rights Assignment
Christian R. Burset and Alan Wirzbick report in the Boston Globe: PRINCETON, N.J. -- As a senior at Princeton University, Samuel A. Alito Jr. chaired an undergraduate task force that recommended the decriminalization of sodomy, accused the CIA and the FBI of invading the privacy of citizens, and said discrimination against gays in hiring ''should be forbidden."...
By Fred Barbash | November 2, 2005; 11:05 AM ET | Comments (6)
Biden, Nelson, on Alito
AP reports: A centrist Democratic senator complimented Supreme Court nominee Samuel Alito Wednesday as a moderate jurist who won't "hammer away and chisel away" existing law.While Sen. Ben Nelson did not endorse President Bush's latest nominee for the high court, he did say he was impressed by what he heard from Alito during his introductory visit.Beverley Wang of the AP reports: MANCHESTER, N.H. (AP) -- Sen. Joseph Biden said he's not sure if he'd vote to confirm Samuel Alito, President Bush's latest Supreme Court nominee, but he predicted that Alito's Senate committee hearing would be different from John Roberts'. "It would be totally disingenuous now for my Republican friends on the committee to say like they did with Roberts, 'Don't answer the questions, it will compromise you,'" the Democratic senator said Tuesday night following a fund-raiser to re-elect Manchester Mayor Robert Baines....
By Fred Barbash | November 2, 2005; 10:40 AM ET | Comments (11)
The Future of Roe; the White House Strategy
See an analysis this morning by Charles Lane in The Post about how both sides of the abortion issue seem confident that Alito would vote to overturn Roe. "And they say this for a similar reason: It's not the results Alito reached in past cases that matters, it's his legal reasoning." But see David Garrow's piece in the Financial Times, in which he argues that Alito's record is more nuanced and respectful of settled law. On the same subject, Adam Liptak writes in the New York Times: "One distinct theme emerges from an examination of 15 cases decided by Judge Samuel A. Alito Jr. involving abortion: his thinking is shaped by a traditional concept of marriage." (See Roe v. Wade and its reaffirmation in Planned Parenthood v. Casey.) David Broder, in The Post, says the Alito appointment is another example of Bush buckling, as he has done on so many...
By Fred Barbash | November 2, 2005; 03:55 AM ET | Comments (13)
Former Sen. John Edwards on Alito
The Post's Chris Cillizza reports: "President Bush is making yet another divisive choice nominating Judge Samuel Alito to the highest court in the land," Edwards wrote in an e-mail sent from his One America Committee. Edwards describes Alito as someone "who threatens our most basic rights and freedoms." (Text is available on the committee's blog.)...
By Fred Barbash | November 1, 2005; 08:05 PM ET | Comments (32)
DeWine: Alito in 'Mainstream'
(AP) - Supreme Court nominee Samuel Alito is "clearly within the mainstream" and shouldn't be filibustered, declared a Republican who helped fashion a plan limiting parliamentary roadblocks for judicial nominees.Sen. Mike DeWine, who met with President Bush's latest high court choice earlier Tuesday, warned Democrats he would side with GOP leaders to eliminate the judicial filibuster if the minority party uses it against the New Jersey judge....
By Fred Barbash | November 1, 2005; 03:04 PM ET | Email a Comment
PFA Ad, David Frum Prediction
Progress for America is displaying an ad on its Web site supporting Alito's confirmation and soliciting money for a buy. David Frum's prediction: "My guess: After a week of fussing and some intense hearings, Alito goes on the bench with at least 65 votes and probably more like 70+."...
By Fred Barbash | November 1, 2005; 12:05 PM ET | Comments (14)
Video: The Post's Charles Lane on Alito
Click below to watch a video interview with Charles Lane, The Post's Supreme Court reporter: var movieSrc = "http://www.washingtonpost.com/wp-srv/mmedia/player/player.swf?whichMode=normal&justify=left&playad=no&mediatype=stream&postdir=msnbc&postvideo=ms110105-2v&cuesfile=none&autoplay=no&starttime=0&endtime=0&largerver=none&image=none" ; //URL OF WHERE .SWF MOVIE IS PUBLISHED var movieWidth = "454" ; //FLASH MOVIE AND BACK-UP GRAPHIC WIDTH var movieHeight = "275" ; //FLASH MOVIE AND BACK-UP GRAPHIC HEIGHT var backupGraphic = "no" ; // If you have a backup graphic "yes" or "no" var graphicSrc = "" ; var graphicLink = "" ; //requiredVersion: Change this to 8 to test your alternate text. var requiredVersion = 7; // version the user needs to view site (max is 7, min is 2) var useRedirect = false; // "true" loads new flash or non-flash page into browser // "false" embeds movie or alternate html code into current page // set next three vars if useRedirect is true... var flashPage = "flash.htm"; // the location of the flash movie page var noFlashPage...
By washingtonpost.com Editors | November 1, 2005; 11:07 AM ET | Email a Comment
The Morning After
There is no debate in the morning media over Samuel A. Alito's qualifications or his character. Nor does anyone contend that he is somehow a mystery man. No informed analysis suggests that his jurisprudence is fringe or eccentric either. Thus, the Senate has a chance -- should it choose to take it -- for a relatively unadulterated battle about a nominee's approach to the law and Constitution in the context of the departure of a specific justice, with whom his record can be compared in order to show how his arrival might change the highest court in the land. Charles Lane's analysis in The Washington Post shows, quite specifically, how Alito differs from O'Connor. Also in The Post is Charles Babington's early assessment of the potential for a cliffhanger once the nomination reaches the Senate. Note especially comments from Sen. Leahy. On the crucial role of the "Gang of Fourteen"...
By Fred Barbash | November 1, 2005; 01:55 AM ET | Comments (2)
Senators Discuss Alito Nomination
Below are links to transcripts of various senators' remarks on the Alito nomination: * Sen. Arlen Specter (R-Pa.), chairman of the Judiciary Committee.* Sen. Charles Schumer (D-N.Y.), Judiciary Committee member.* Sen. Majority Leader Bill Frist (R-Tenn.) and other senior GOP senators....
By washingtonpost.com Editors | October 31, 2005; 05:40 PM ET | Comments (13)
Bloggers
For a good sampling of legal blogger opinion see the links in Howard Bashman's blog, How Appealing. The same source is an excellent resource for news on the nation's appeals court, particularly the 3rd Circuit, where Alito sits....
By Fred Barbash | October 31, 2005; 05:04 PM ET | Comments (4)
Dobson Pleased
James Dobson of Focus on the Family press release:"We are extremely pleased by President Bush's selection of Judge Samuel Alito, who has earned the respect of colleagues in both parties for his legal acumen and courtroom demeanor. As a federal judge for the last 15 years, Judge Alito has demonstrated that he understands the role of the judiciary is to interpret existing law in light of the Constitution, not make new law in service to a personal political agenda....
By Fred Barbash | October 31, 2005; 04:46 PM ET | Comments (83)
MoveOn.org, Alliance for Justice
Alliance for Justice preliminary report on Alito. The Alliance opposes his confirmation. Statement from MoveOn.org:Citing a history of written opinions that consistently side with powerful special interests against ordinary Americans, MoveOn.org Political Action today opposed President Bush's nomination of Appellate Judge Samuel Alito to the US Supreme Court....
By Fred Barbash | October 31, 2005; 12:47 PM ET | Comments (138)
ACLU
STATEMENT BY THE ACLU The American Civil Liberties Union today urged the Senate to carefully examine the civil liberties record of Judge Samuel Alito, President Bush's nominee to replace Sandra Day O'Connor on the United States Supreme Court, especially given Justice O'Connor's pivotal role on the court....
By Fred Barbash | October 31, 2005; 12:43 PM ET | Comments (14)
NARAL
Press Release from NARAL: NARAL Pro-Choice America announced its opposition to President Bush's nomination of Samuel Alito, Jr. to replace retiring Justice Sandra Day O'Connor. In choosing Alito, President Bush gave into the demands of his far-right base and is attempting to replace the moderate O'Connor with someone who would move the court in a direction that threatens fundamental freedoms, including a woman's right to choose as guaranteed by Roe v. Wade...
By Fred Barbash | October 31, 2005; 11:38 AM ET | Comments (37)
Video: Post's Fred Barbash on Alito Nomination
Campaign for the Supreme Court blogger Fred Barbash discussed the Alito nomination in an MSNBC interview earlier today. Click below to watch it: var movieSrc = "http://www.washingtonpost.com/wp-srv/mmedia/player/player.swf?whichMode=normal&justify=left&playad=no&mediatype=stream&postdir=msnbc&postvideo=ms103105-4v&cuesfile=none&autoplay=no&starttime=0&endtime=0&largerver=none&image=none" ; //URL OF WHERE .SWF MOVIE IS PUBLISHED var movieWidth = "454" ; //FLASH MOVIE AND BACK-UP GRAPHIC WIDTH var movieHeight = "275" ; //FLASH MOVIE AND BACK-UP GRAPHIC HEIGHT var backupGraphic = "no" ; // If you have a backup graphic "yes" or "no" var graphicSrc = "" ; var graphicLink = "" ; //requiredVersion: Change this to 8 to test your alternate text. var requiredVersion = 7; // version the user needs to view site (max is 7, min is 2) var useRedirect = false; // "true" loads new flash or non-flash page into browser // "false" embeds movie or alternate html code into current page // set next three vars if useRedirect is true... var flashPage = "flash.htm"; // the...
By washingtonpost.com Editors | October 31, 2005; 10:52 AM ET | Comments (1)
Pro-Life Action Center
Paul Chaim Schenck, director of the National Pro-Life Action Center (NPLAC) -- the uncompromising voice of pro-life America on Capitol Hill -- and Stephen G. Peroutka, NPLAC chairman, have issued the following joint statement in response to President Bush's nomination of Judge Samuel A. Alito to replace Justice Sandra Day O'Connor on the Supreme Court of the United States: "We applaud the nomination of Judge Samuel A. Alito to the Supreme Court of the United States. Had the current nomination cycle begun with his nomination on July 19 of this year, we believe that the country would be well on its way to truly returning the Court to its constitutional foundation. "Judge Alito's professional qualifications for this position are clear, but his lone dissent in the Planned Parenthood v. Casey decision leads us to believe that he also has a firm grasp of an American view of law and justice...
By Fred Barbash | October 31, 2005; 10:40 AM ET | Comments (17)
Frist Comments
Excerpts from Senate Majority Leader Bill Frist (R-Tenn.) comments on Fox News: FRIST: Well, I found out early this morning, about an hour before the president's announcement. And I enthusiastically support, based on what I know to date. He is clearly a highly qualified nominee that meets the highest standards of excellence. He's shown judicial restraint in the past. This morning, I came in early to look back in 1990 at what some of the Democrats said at the time and statements from people like Frank Lautenberg, who said he was a strong and effective advocate on the floor. In 1990, he came across the floor, as you know, unanimously selected to serve on the circuit court....
By Fred Barbash | October 31, 2005; 09:54 AM ET | Comments (18)
