I would like to share
several things that I learned about Judge Alito during the time
in which I worked for him.
First, I learned that Judge
Alito reaches his decisions by working through cases from the
bottom up, not the top down. He taught me to try to ignore any
personal predispositions and come at the case with an open
mind. He taught me to work carefully through an analysis of the
facts of the case and the legal precedents, and to try to find
the resolution that flowed from that analysis.
The Judge consistently
applied this bottom-up approach. He approached every case
without a personal agenda, and with a commitment to careful and
methodical review. His approach was demanding. He read and
re-read the record of each case, the decisions cited, and
relevant decisions that the parties had failed to cite. I
remember him building a model from string and paper to try to
figure out the events of one case, and I remember him physically
acting out the circumstances of another, all in an attempt to
truly understand the facts. He worked hard on every case, large
or small. He sought to find the result that flowed from the
facts and the law, divorced from any personal bias or interest.
Second, I learned that Judge
Alito is interested in, and respectful of, differing points of
view. The law clerks with whom I worked spanned the ideological
spectrum. I later learned that this is typical, and that Judge
Alito selects law clerks with widely varying backgrounds,
political outlooks, and personal views. This led to lively
debates amongst the law clerks. In my experience, Judge Alito
was never dismissive of any point of view. He encouraged our
input, challenged each of us to substantiate our views, and
listened carefully to the points that we made.
Judge Alito treated
advocates before him with the same respect. He asked probing
questions, which he refused to let the advocates sidestep. But
he was never caustic or rude, and he always appreciated the
honest efforts of an advocate.
Judge Alito was similarly
respectful of the differing opinions of his fellow Judges on the
Third Circuit. He sought to forge consensus where consensus
could be reached. When he dissented from their views, he did so
in a respectful and intellectually honest way. The appreciation
that Judge Alito’s colleagues have for him is reflected in the
outpouring of support at these hearings from both active and
retired Judges of the Third Circuit.
Finally, I learned that
Judge Alito approaches his job with personal humility and a
great respect for the institution of the courts. What I saw was
a person cognizant of the limited role assigned to him by the
Constitution to interpret and enforce the law as established by
written law and prior precedent. Judge Alito did not, in my
experience, ever treat a case as a platform for a personal
agenda or ambition. Rather, his decisions are limited to the
issue at hand. They demonstrate an effort to interpret
honestly, and faithfully apply, the law to the parties that seek
justice before him.
Apart from his judicial
approach, Judge Alito was a thoughtful and generous boss. He
took the time to get to know his clerks, and to learn about us
and our families. He never made demands on us that he did not
make on himself. He had none of the personal arrogance that
sometimes attends power. In fact, I remember Judge Alito
insisting on carrying my bags into court when I was recovering
from a slight hand injury – a reversal of ordinary roles that
left me ill prepared for my next job as a junior law-firm
associate! He shared with us his love of Phillies baseball and
his pride in his family. Judge Alito has also remained a mentor
in the years since I moved on from my clerkship, and he has been
generous with his time when I have sought his advice.
It was my great privilege to
work with and learn from Judge Alito at the outset of my
professional career. I believe that he will be an outstanding
Justice of the United States Supreme Court.
I would be pleased to answer
any questions you may have. Thank you.
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