Mr. Chairman, I’m pleased to support Judge Samuel Alito to become a Justice on the United States Supreme Court. While we can’t always accurately predict how an individual will make decisions once he or she is confirmed, we have to trust our judgment and the confirmation process. But it’s clear that Judge Alito did a good job responding to questions posed by Judiciary Committee members during the Committee hearing process. He was thorough, candid and forthright. Judge Alito will be a superb Supreme Court Justice.
Judge Alito possesses a knowledge of and respect for the Constitution that is necessary for all Supreme Court Justices. He understands the proper role of a Justice, and respects the separate functions of the judicial and political branches of government. Judge Alito told this Committee that “[t]he role of a practicing attorney is to achieve a desirable result for the client in the particular case at hand. But a judge can’t think that way. A judge can’t have any agenda. A judge can’t have any preferred outcome in any particular case. And a judge certainly doesn’t have a client. The judge’s only obligation – and it’s a solemn obligation – is to the rule of law, and what that means is that in every single case, the judge has to do what the law requires.” Judge Alito also believes in justice FOR ALL in accordance with the law and the Constitution. He told the Committee, “No person in this country, no matter how high or powerful, is above the law, and no person in this country is beneath the law.”
Not only is Judge Alito an intelligent and experienced jurist, he’s also an open-minded and fair judge. He said, “good judges develop certain habits of mind. One . . . . is the habit of delaying reaching conclusions until everything has been considered. Good judges are always open to the possibility of changing their minds based on the next brief that they read or the next argument that is made by an attorney who is appearing before them or a comment that is made by a colleague during the conference on the case, when the judges privately discuss the case.”
Judge Alito recognizes the importance of modesty and humility in the role of a Justice. And he’s a man of honor, integrity and principle. The ethics charges generated by Judge Alito’s opponents are completely off the mark and should be dismissed. The ABA considers issues such as integrity and ethics when it evaluates a judicial nominee, and found Judge Alito to be unanimously well qualified. The ABA representatives looked specifically at the allegations raised, and didn’t find any merit to them.
Moreover, several leading ethicists from across the political spectrum concluded that Judge Alito acted properly and didn’t violate any law. No complaint filed against Judge Alito has ever been validated. And most importantly, people who’ve worked most closely with the judge all say that he’s a man of the highest integrity.
Furthermore, contrary to what his misguided critics have alleged, Judge Alito has demonstrated that he’ll be fair and open-minded, and will approach cases without bias and without a personal agenda. Unfortunately, Judge Alito’s record has been wildly distorted. The reality is that, contrary to these critics’ claims, Judge Alito has ruled for plaintiffs as well as defendants in civil rights, ADA and employment discrimination cases. What’s important to Judge Alito is that he rules in accordance with the law and the Constitution.
In fact, Judge Alito’s record shows that he practices judicial restraint. And this is what we should expect from all Supreme Court Justices. Moreover, the Committee received many testimonials about Judge Alito - from judges, employees, lawyers who practice with him and before him. Their verdict was overwhelmingly supportive of a man who will apply the law fairly, will listen to all arguments with an open mind, and will be an excellent Supreme Court Justice.
So the people who know him best - without reservation – say that Samuel Alito is a judge who follows the law and the Constitution without a pre-set outcome in mind. They all say that he’s an independent, fair and open-minded judge, committed to doing what is right, rather than committed to implementing a personal agenda. They all say that he’s a man of integrity, modesty and restraint.
Judge Alito will be a great Justice, not a politician on the bench. He won’t impose his personal views, but will make decisions as they should be decided, in an impartial manner and in accordance with the laws and the Constitution. Judge Alito will carry out the responsibilities of a Supreme Court Justice in an honorable, fair and effective manner, and we can all be proud of that.
So I’m pleased to support Judge Alito to be an Associate Justice on the Supreme Court. I hope my colleagues will cast their vote based on Judge Alito’s outstanding qualifications, rather than on the distorted claims of the liberal outside interest groups. I urge my colleagues to rise above partisan politics and support this worthy nominee.
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