came into
adulthood in this country. Judge Alito says that his father's story is one that is
typical of many Americans, and is reflective
of the opportunities that are available to
Americans, and the need for fairness and
opportunity for all.
Judge Alito says that he has
been nomination for the Supreme Court based
on his record, and his experience with the
law. Judge Alito is explaining his
experiences, first as a law clerk, and then
for a decade as an attorney in the
Department of Justice. Judge Alito says
that he has been shaped by the people who
are closest to him, but what he has learned
from his wife, his hopes for his children,
the successes of his his sister, also a
lawyer, and finally as a judge on the 3rd
Circuit Court of Appeals. Judge Alito says
that he has learned through the examples of
his colleagues. Judge Alito says that when
he became an judge, he stopped being a trial
attorney. As a judge, he does not have a
client, and rather must not reach beyond the
scope of the law. He says that judges must
always be open to the possibility of
changing their minds.
Finally, Judge Alito says
that it has been an honor to serve on the
court in recent years, and that it has given
him an opportunity to serve his country
through the law.
3:24 p.m. Former New
Jersey Gov. Christie Whitman introduces
Judge Samuel A. Alito.
Former New Jersey Gov.
Christie Whitman is introducing Judge Alito.
Gov. Whitman is expressing her support of
Judge Alito. She says that while she
disagrees with some of Judge Alito's
political ideology, she believes that his
ideology is ultimately not a factor in Judge
Alito's legal decisions. Gov. Whitman says
that Judge Alito uses the law and
constitutional principles to guide his
decisions. Gov. Whitman says that while
some suggest that he has an ideological
agenda, but that upon consideration, she
believes that one will find that Judge
Alito's agenda is rooted only in the law.
Gov. Whitman says that in her capacity as
governor, the responsibility to appointment
judges to the New Jersey Supreme Court came
to her five times. She believes that Judge
Alito has the judicial temperament and
record to serve with fairness and
independence.
3:18 p.m. Sen. Frank
Lautenberg (D-N.J.) introduces Judge Samuel
A. Alito.
Sen. Frank Lautenberg of New
Jersey is introducing Judge Samuel Alito to
the panel. Sen. Lautenberg says that the
Supreme Court is the most powerful in the
country, and when considering nominees for
the Court, the Senate must consider all
aspects of a nominee's background. Sen.
Lautenberg is explaining Judge Alito's
personal background, including Judge Alito's
family history as one of Italian
immigrants. Sen. Lautenberg also discusses
Judge Alito's early interest in the law.
Sen. Lautenberg also introduced Judge Alito
during his confirmation hearings to the 3rd
circuit.
Sen. Lautenberg says that if
confirmed, Judge Alito's decisions will
affect Americans for years to come, and the
Committee's consideration of his nomination
should reflect that.
3:12 p.m.
Sen. Coburn delivers opening remarks.
Sen. Coburn opens his statement with a
discussion on abortion and criticizing
“the right to choose” as a sterile
statement describing the procedure of
abortion. He then discusses
inconsistency of laws in protecting
sodomy, and abortion, but not
prostitution. He states that we favor
convenience over ethics, and that he
favors our country taking a different
road in which the country does not allow
the “killing of unborn children.”
Finally Coburn wants to Judge Alito to
be honest about his views and that if
Alito is confirmed, that he will not use
the court to advance those views, but
allows the legislature to advance its
agenda.
3:04 p.m.
Sen. Brownback delivers opening remarks.
Senator
Brownback is talking about the proper
role of the Courts. He thinks the role
of the Courts is limited and that they
should not be deciding political
matters.
Quoting from
former Justice Frankfurter, Senator
Brownback is saying that “courts are not
representative bodies”.
Senator
Brownback is now saying that many interest
groups have claimed that Judge Alito should
have the same judicial philosophy as
retiring Justice O’Connor in order to be
appointed to the bench. Senator Brownback
thinks that creates a double-standard and it
looks suspiciously convenient for the other
side.
Continuing his
remarks, Senator Brownback is now noting
that the issue of balance seems to be the
major theme of this confirmation hearing and
he is concerned about that. He said that
balance was not an issue during Justice
Ginsburg’s confirmation hearing and in other
previous Supreme Court hearings.
Bringing up the
subject of abortion, Senator Brownback is saying
that the right to an abortion is not in the
Constitution, but rather it was a created right
by the Courts. He is saying that Roe has found
it constitutional to kill a whole class of
people, which he finds extremely troubling.
Senator Brownback is
saying, in his concluding remarks, that Judge
Alito is undoubtedly qualified. He looks
forward to a thorough discussion and subsequent
approval of him.
2:53 p.m.
Sen. Durbin delivers opening remarks.
Like others before him, Sen. Durbin is
starting his opening statement by describing
the incredible responsibility of a SC
justice to make the decisions that affect
all Americans. Sen. Durbin is expressing
his concern that recent government actions
are creating a situation where there is a
growing lack of personal privacy for the
American public. Through issues such as
abortion, security issues, or in the recent
actions of Congress in the Terri Schiavo
case, Sen. Durbin is explaining how the
personal privacy that Americans hold dear is
increasing danger. Sen. Durbin expressed
Judge Alito’s membership in the Federalist
Society, asking if Americans would be better
represented by the Federalist society or by
a judge like Sandra Day O’Connor.
Describing the great legacy of Rosa Parks,
Sen. Durbin is asking Judge Alito if he will
have the courage to stand up for civil
rights on the court, even if it is
unpopular. Sen. Durbin is telling Judge
Alito that his actions will have life and
death consequences. He is also telling the
Judge that this nomination hearing will give
the Judge an opportunity to respond to the
concerns of millions of Americans and
convince them that he is on their side.
2:43 p.m.
Sen. Cornyn delivers opening remarks.
Sen. Cornyn is welcoming Judge Alito and is
telling him that he is looking forward to
hearing from him and particularly, witnesses
from a variety of political persuasions who
will speak to his character later this
week. Sen. Cornyn is questioning why there
are so many special interest groups devoting
time and money to defeating Judge Alito’s
nomination. He is explaining to the Judge
that it is because these groups do not want
a fair minded judge who would interpret the
law and instead one that would change law.
Sen. Cornyn is telling Judge Alito that he
believes the Judge is a fair minded judge
and is expressing confidence that this
opposition will not overrule this fact.
Using a particular school prayer case in
Texas, Sen. Cornyn is describing his concern
about the lack of protection for religious
protection. He is telling Judge Alito that
he has confidence that the Judge will be a
part of a reversal of this trend. Sen.
Cornyn welcomed him to the Committee again
and thanked him for his desire to serve.
2:35 p.m.
Sen. Schumer delivers opening remarks.
Sen. Schumer is welcoming Judge Alito and is
detailing to him and the Committee members “the
awesome responsibility of a Supreme Court
Justice”. Sen. Schumer is telling Judge Alito
that his burden in these confirmation hearings
is even higher than most because he is filling
the shoes of Sandra Day O’Connor, a swing
judge. He also is telling Judge Alito that
because the judge’s nomination seems to placate
the extreme right wing of the country, he is
concerned by what actions Judge Alito might take
should he be confirmed to the court. Sen.
Schumer is stating that he is most concerned by
Judge Alito’s record and is expressing his
intention to explore this “extreme” record.
Sen. Schumer is expressing concerns about
particular issues including presidential power,
federalism, and abortion. Sen. Schumer is
telling Judge Alito that because he has already
expressed his view on a number of controversial
issues that Committee members may ask him about
in the coming days, he cannot choose to not
discuss these controversial subjects.
2:25 p.m.
Sen. Graham delivers opening remarks.
After welcoming
Alito to the Senate, Senator Graham is
saying that Alito comes before them during
very interesting times.
Senator Graham
is now claiming that he feels very
comfortable with Alito being on the Supreme
Court in light of all he knows about him and
his record. As of now, Senator Graham is
planning on voting to confirm him.
Senator Graham
is now talking extensively about abortion.
He mentioned that in a talk show that he
appeared on this weekend with Senator Dianne
Feinstein, Senator Feinstein spoke
passionately about the days of back-alley
abortions and the need to uphold a women’s
right to choose. He said that there is also
another side to this issue. He said that
there are thousands of constituents in his
home state that think the Roe v. Wade case
was wrongly decided and feel passionately
about the rights of the unborn child.
Senator Graham is
now pointing out that it makes sense that
President Bush has nominated people that worked
in the Reagan administration because members on
his side of the aisle, including President Bush,
liked the Reagan Administration.
As he wraps up his
remarks, Senator Graham is claiming that we
should use this opportunity to treat Alito
fairly. He is stating that this process is
bigger than him and bigger than any member on
the Senate.
1:59 p.m.
Sen. Feingold delivers opening remarks.
Sen. Feingold: Sen. Feingold welcomes Judge
Alito and states that he admires his legal
qualifications and dedication to public
service. Sen. Feingold then turns to the
importance of a Supreme Court nomination and the
role of the Senate. Given the Senate’s role of
confirming the nomination, it is the duty of the
Senators to learn as much about the nominee as
possible. Furthermore the burden is on the
nominee to demonstrate that he should be on the
court. Sen. Feingold turns to the recent
controversy of the President’s program allowing
the NSA to bypass FISA court warrants to
eavesdrop on Americans. One of the Senator’s
concerns is that Judge Alito will defer too much
to the administration rather than act as an
important and independent check on executive
power. Given that Judge Alito will replace
Justice O’Connor, often a swing vote in 5-4
decision, Sen. Feingold looks forward to posing
tough questions on Judge Alito’s views on
privacy, executive power, and other issues.
Although the nominee should not state how he
would rule in specific cases, the nominee should
provide his views on general and basic
constitutional issues.
1:52 p.m.
Sen. Sessions delivers opening remarks.
Sen. Sessions begins by
congratulating Judge Alito on his nomination.
Sen. Sessions says that he is certain that the
charges that have been brought against Judge
Alito's record will be refuted during the course
of the hearings, and that he believes that Judge
Alito represents the kind of judge that the
American people want to see on the bench. Sen.
Sessions says again that judges are not policy
makers, and that they are charged with ruling
based on the facts behind the case that is
before them. Sen. Sessions says that it is
important that judges not let personal views
govern their judicial decisions, and he believes
that Judge Alito adheres to that principle.
Sen. Sessions says that he
recalls people telling him that Judge Alito was
one of the smartest people working in the
Justice Department under the Reagan
Administration. Sen. Sessions, highlighting
Judge Alito's background, including his academic
background and work as a law clerk, says that
Judge Alito would be the first judge since the
Truman Administration to serve with federal
prosecutorial experience. Sen. Sessions applauds
Judge Alito's prosecution of 10 cases before the
Supreme Court.
Sen. Sessions discusses the
rating system of the American Bar Association
(ABA), and how the ratings are configured.
Judge Alito has received the highest rating from
the ABA. Sen. Sessions says that Americans do
not want activist judges, and he believes that
Judge Alito approaches the law in a way that
does reflect activism. Sen. Sessions is saying
that the oath Justices take is not one to uphold
precedents, but rather to uphold the
Constitution.
1:42 p.m.
Sen. Feinstein delivers opening remarks.
Sen. Feinstein
opens by noting that Judge Alito could be
the decisive vote on the court as he is
replacing Justice O’Connor, the swing vote
on 148 cases. She says she wants to see if
his views are in the mainstream, and hopes
he will be straightforward and share legal
views.
Sen. Feinstein
notes that she wants to take her opening
time to share her concerns with Judge Alito
– she begins this by discussing the legacy
of the Rehnquist court. Certain decisions
from the 3rd Circuit, she says,
raise questions as to whether Alito would
continue Rehnquist courts limiting of
congressional authority. She next discusses
a particular case involving firearms and
questions whether Alito is a judge who uses
technicalities to advance his own narrow
opinions. Sen. Feinstein moves to the
discussion of presidential power and
emphasizes that a system of checks and
balances is essential. She says that Alito
could have impact on women’s rights, and
“specifically, a woman’s right to choose,”
further noting that the Supreme Court has
declined to overrule Roe and more so, has
reaffirmed Roe’s central holding.
Sen.
Feinstein says that in her personal meeting with
Judge Alito, he told her that he believed the
constitution grants a right to privacy and
further, that he has a deep respect for
precedent. She discusses her concerns about the
role the Supreme Court will play in protecting
individual rights, and goes on to discuss
reapportionment. Affirmative action is also of
great importance, she says, as Justice O’Conner
was a critical vote on the University of
Michigan case. She says that Judge Alito argued
three times against the constitutionality of
affirmative action. Sen. Feinstein closes by
saying, “Because this appointment is so
important, I really hope you will be
straightforward with us, and thereby be
straightforward with the American people.”
1:33 p.m.
Sen. DeWine delivers opening remarks.
Sen. DeWine welcomes Judge Alito and his
family and begins his opening statement with
the Senate’s role in confirmation of Supreme
Court nominees. First we elect a president
who has the power to nominate, then the
people have a voice through their elected
Senators to determine whether the nominee
should be confirmed. Sen. DeWine states
that the people should have more of a role.
The Constitution was drafted as a popular
document, in which the people are the basis
for power. Sen. DeWine then turns to the
current role of the courts and states the
courts have overstepped their role in a
number of cases by striking down laws passed
by the elected representatives. In many
cases, the courts should not simply strike
down a law but defer to the will of the
people. The courts should also work towards
greater consistency. In many cases, the
courts, including the Supreme Court, have
come out with conflicting decisions. The
result is a patchwork of legal decisions and
laws, which leaves the people, lawyers, and
legislatures confused about how to act, or
follow decisions. The courts role is not to
make law, but, in the words of Justice
White, to decide cases. Sen. DeWine
compliments Judge Alitos opinions as clear,
well thought out and concise. Sen. DeWine
further states that Judge Alito appears to
defer to those closest to the situation.
While Sen. DeWine may not agree with all of
Judge Alito’s opinions, he hope that the
judge will provide fair decisions.
1:26 p.m.
Sen. Kohl delivers opening remarks.
Sen. Kohl begins his opening
statement by highlighting the role of the Court
in defending civil liberties for all Americans.
Sen. Kohl says that Supreme Court Justices are
given freedom to rule on the Court to free them
from the political pull of the Administration in
power and the Congress.
Sen. Kohl says that critics
argue that his judicial record says that Judge
Alito will not protect the Americans in need of
that protection, including Americans with
disabilities, married women and the right the
govern their own bodies, and the rights of
American workers to get their day in Court.
Sen. Kohl also says that opponents identify
memos written during Judge Alito's time in the
Reagan Administration that suggest limiting
individual rights.
Sen. Kohl says that supporters
of Judge Alito say that it is unfair to select
only a limited number of items from Judge
Alito's record. Sen. Kohl says that the
Committee will need to decide if Judge Alito
will side against Americans, or will rule with
judicial independence and fairness.
Sen. Kohl says that the
Committee will base their decision on Judge
Alito's nomination in the shadow of judicial
excellence. Sen. Kohl says that Judge Alito's
legal talents are undeniable. Yet, the
Committee does not know if the concerns that
have been expressed are overstated, or valid.
Sen. Kohl says that he looks forward to making
this determination.
1:17 p.m.
Sen. Kyl delivers opening remarks.
Sen. Kyl states that Judge Alito
has more judicial experience than any other
judicial experience than any other Supreme Court
nominee. Sen. Kyl is also paying tribute to
retiring Justice O'Connor.
Sen. Kyl discusses the
background and experience that Judge Alito would
bring to the Supreme Court, and draws upon Judge
Alito's family history including the immigration
of his parents to the United States. Sen. Kyl
continues by drawing parallels between Judge
Alito's work in the past and the work of other
Justices on the Supreme Court, including
Justices Breyer, Scalia, and Thomas. Sen. Kyle
also mentions Judge Alito's judicial record as
the author of over 300 opinions.
Finally, Sen. Kyl is explaining
that it is inappropriate to ask judicial
nominees "on which side" of an issue they may
fall. Sen. Kyl says that in judicial opinion,
the only side is that of the Constitution. Sen.
Kyl also discusses the appropriate scope of
questioning during hearings, saying that no
judicial nominee should respond to questions
that may come before the Court. Sen. Kyl says
that he will defends Judge Alito's refusal to
discuss any question that may come before the
Supreme Court.
1:08 p.m.
Sen. Biden delivers opening remarks.
Sen. Biden welcomes Judge Alito and points to
the importance of this particular appointment to
the Supreme Court. He states there is
significant debate and dispute over current
Supreme Court decisions and whether they have
“gone off the deep end.” First turning to Judge
Alito’s job application letter in 1985 and the
controversial statements he made in that letter,
Sen. Biden addresses the issue that Judge would
replace Sandra Day O’Conner, a swing vote on
many 5-4 decision. We continually debate
whether the Constitution is adaptable to the
current situation, Sen. Biden continues, and
quotes Justice Marshal who stated that the
Constitution was meant to endure through the
ages and that it will be adapted to fit current
crises. The Constitution and the courts
fundamentally are there to protect those who
cannot protect themselves. Justice O’Connor
reached her conclusions by carefully examining
how the Court’s decision will be affect the
individual. Sen. Biden wants to know how Judge
Alito views the role of the federal courts.
Sen. Biden begins to wrap up by referring to the
importance of an independent judiciary and that
he hopes the hearing will progress as a
dialogue.
12:57 p.m.
Sen. Grassley delivers opening remarks.
Sen. Grassley
discusses the notion that Supreme Court
nominees should be “fair, unbiased…without
imposing their political beliefs.” He adds
that senators should not ask nominees to
pledge to rule on particular cases in a
certain way, adding that the Supreme Court
relies on individuals who meticulously apply
the laws and the constitution regardless of
whether or not the results are popular.
Sen. Grassley
notes that Judge Alito has an impressive
record. He says that like Judge Roberts, it
appears that Judge Alito trys to call the
balls and the strikes. Sen. Grassley then
quotes a number of lawyers and judges who
praise Judge Alito, adding that the ABA.
gave Judge Alito it’s highest rating. He
further says he does not appreciate those
who unduly criticize nominee even before
hearings. Sen. Grassley then discusses how
Alito placed emphasis on the limited role of
the courts during their meeting, adding he
is hopefully Alito’s commitment to judicial
restraint will shine “through” in the
hearings.
Sen. Grassley
closes by saying “Judge Alito, we
congratulate you.”
12:48 p.m.
Sen. Kennedy delivers opening remarks.
Senator
Kennedy is beginning his remarks by
stating that it is important that a
nominee embrace the essential meaning
inscribed above the entrance to the
Supreme Court, “equal justice under
law”. Senator Kennedy is saying that,
as we have seen from Justice
O’Connor’s
decisions, one Justice can profoundly
affect the rights and liberties of the
American people; one justice can advance
or reverse the progress of our journey
as a nation. Senator Kennedy is asking
Judge Alito if he can be even-handed in
his decisions as Justice on the nation’s
highest court.
Senator
Kennedy is now saying that he finds
Alito’s past support for an all-powerful
executive very troubling, especially in
light of the recent disclosure that the
President authorized domestic spying.
He is concerned for Alito’s support for
vast presidential authority and this is
something that will be discussed in
greater detail later on in the
hearings.
Senator Kennedy is
now saying that he has other concerns regarding
Alito’s record. When you look at his record,
Alito has ruled overwhelmingly in favor of
government and large corporations.
Senator Kennedy is
also concerned by Alito’s involvement with a
controversial alumni association at Yale. In
addition, he is concerned by Alito’s level of
credibility. In a past nomination hearing,
Alito said he would recuse himself in cases
involving Vanguard but then did not recuse
himself when such a case arose. Senator
Kennedy is saying that we have to ensure that
what Alito says is not just words.
In closing, Senator
Kennedy said that this is no time for a double
standard. Alito could serve for a generation or
more and the decisions he makes could affect our
children, our grandchildren and perhaps even our
great grandchildren.
12:37 p.m.
Sen. Hatch delivers opening remarks.
Sen. Hatch opens
by saying that the debate over judicial
nominations is a debate over judicial power
itself. Sen. Hatch says that the start for this
debate should be what the role and job of a
Justice actually is. Sen. Hatch says that in
the judicial nomination process, the President
and the Senate have different roles. Sen. Hatch
says that judges must settle cases, not advocate
issues, and the judges must interpret the law,
not advocate the law. Judicial nominees are
constricted by what they may discuss and how and
where they discuss it. Sen. Hatch is outlining
the information that Judge Alito has provided to
the Committee, including the answers to his
questionnaire, past court rulings, and
memoranda. Sen. Hatch concludes by saying that
the most important issue at hand is how Judge
Alito does what judges are supposed to do,
regardless of the issue at hand, and the end
result of those decisions. He says that the
Committee must respect the proper role of
Senators, and the proper role of judges, and
that Committee members must apply these
differences when considering nominations.
12:28 p.m.
Sen. Leahy delivers opening remarks.
Sen. Leahy is
delivering his opening statement. He is
highlighting that the checks and balances
outlined in the Constitution are too important
to be overrun by the Congress or the Court.
Sen. Leahy says that one of the most important
issue at hand in the hearings are whether the
rights and liberties of all Americans will be
impacted by Judge Alito's confirmation.
Sen. Leahy says
that in order for Congress to make a full and
informed decision on Judge Alito's nomination,
the members of the Committee and the Congress
must know more about Judge Alito, including his
judicial decisions in the past, as well as his
work in prior Administrations.
Sen. Leahy says
that Judge Alito's views on Executive Power are
particularly important. Judge Alito must ensure
the members of Congress that he will act
independently of the Administration that has
nominated him. He says that Justice O'Connor is
widely considered
to me a moderate and
independent Justice, and that this makes the
seat Judge Alito will
assume even more important. Sen. Leahy says
that the Court that serves America should
represent America, and Judge Alito's nomination
does not highlight that diversity. Sen. Leahy
says that Justice O'Connor's legacy is one of
fairness, and his decision on Judge Alito's
confirmation will consider whether he will
assume a like-minded fairness. Sen. Leahy says
that Justice O'Connor has been a protector of
civil liberties, the environment, limits to
presidential power, and many other issues. Sen.
Leahy says he will be most interested in Judge
Alito's responses to questions that will
indicate whether he will successfully hold his
position as an independent Justice - and
beholden not to the President, but only to the
law.
12:18 p.m.
Sen. Specter delivers opening remarks.
Sen. Specter, in
his opening statement, is highlighting the
importance of a senator's vote in the
confirmation of a Supreme Court Justice. In
discussing Judge Alito's record, Sen. Specter is
explaining that this hearing will give Judge
Alito an opportunity to explain to all Americans
his position on a variety of issues. Sen.
Specter has said that he is committed to a full
and fair hearing, and has reserved his judgment
on Samuel Alito's qualifications until after the
hearings have concluded.
Sen.
Specter is discussing the importance and
prominence of the issue of abortion during this
hearing. Sen. Specter says that this hearing
will give Judge Alito the opportunity to show
that his prior work on the issue of abortion
will not dictate his rulings on the Court. Sen.
Specter is discussing the history of the issue
of abortion in confirmation hearings for the
Supreme Court. Sen. Specter is moving to the
issue of civil liberties, specifically the
recent issue of NSA spying on the order of the
President, as well as the subject of
Congressional power. Sen. Specter is expressing
concern over the degradation of Congressional
power through rulings from the Supreme Court
overturning Congressional acts.
Sen. Specter
concludes by saying that these hearings bring
focus to the balance of power established in our
constutition.
12:00 p.m.
Sen. Specter Calls The Hearings To Order.
Sen. Arlen
Specter (R-Pa.) opens the confirmation hearings
on the nomination of Judge Samuel A. Alito, Jr.
to be Associate Justice of the United States
Supreme Court. Judge Alito introduces his wife,
Martha, and other family members who are
attending the hearings in support of Judge Alito.
Sen. Specter is also discussing the hearings
schedule for the week. Following opening
statements today, senators will begin
questioning Judge Alito on Tuesday, January 10.
