Alito
Jan Crawford Greenburg – who I think has always been ahead of the pack in on the nominations issue – reports that the White House is focused on Judges Luttig and Alito, and potentially Judges Owen and Williams.
Of these candidates Judge Alito seems most likely to me, and he is my prediction. Judge Alito would energize the President’s conservative supporters. But he would not be as much of a fight as the others. Luttig and Owen, in particular, raise the serious prospect of a filibuster and it seems unlikely in the current environment that the Administration is anxious to have that fight. It seems to me that the pressure to nominate a woman is considerably lessened now, and the focus is on getting someone confirmed. Judge Alito will be grudgingly confirmable to many Democrats once they look at his record.
Anisha Dasgupta’s quick profile of Judge Alito – copied from the former S. Ct. Nomination Blog – is after the jump.
Brief biography
Judge Alito currently serves on the U.S. Court of Appeals for the Third Circuit. Prior to his nomination to the Third Circuit by President George H.W. Bush, he served as U.S. Attorney for the District of New Jersey (1987-1990), Deputy Assistant Attorney General (1985-1987), and Assistant to the Solicitor General (1981-1985).
Judge Alito was born in 1950 in Trenton NJ. He attended Princeton University and Yale Law School. He clerked for Judge Leonard I. Garth on the Third Circuit.
Useful weblinks
Access a profile of Judge Alito at Law.com
Notable opinions:
A majority opinion in ACLU v. Schundler, 168 F.3d 92 (3d Cir. 1999), holding that the Establishment Clause was not violated by a city hall holiday display that contained a creche, a menorah, secular symbols of the season, and a banner proclaiming the city’s dedication to diversity.
A majority opinion in Fatin v. INS, 12 F.3d 1233 (3d Cir. 1993), holding that an Iranian woman seeking asylum could establish that she had a well founded fear of persecution in Iran if she could show that compliance with that country’s “gender specific laws and repressive social norms,” such as the requirement that women wear a veil in public, would be deeply abhorrent to her. Judge Alito also held that she could establish eligibility for asylum by showing that she would be persecuted because of gender, belief in feminism, or membership in a feminist group.
A majority opinion in Saxe v. State College Area School District, 240 F.3d 200 (3d Cir. 2001), striking down as contrary to the First Amendment a public school district anti-harassment policy that extended to nonvulgar, non-school-sponsored speech that posed no realistic threat of substantial disruption of school work.
A majority opinion in Shore Regional High School Board of Education v. P.S., 381 F.3d 194 (3d Cir. 2004), holding that a school district did not provide a high school student with a free and appropriate public education, as required by the Individuals with Disabilities Education Act, when it failed to protect the student from bullying by fellow students who taunted the student based on his lack of athleticism and his perceived sexual orientation.
A majority opinion in Williams v. Price, 343 F.3d 223 (3d Cir. 2003), granting a writ of habeas corpus to an African-American state prisoner after state courts had refused to consider the testimony of a witness who stated that a juror had uttered derogatory remarks about African Americans during an encounter in the courthouse after the conclusion of the trial.
A dissenting opinion in Planned Parenthood v. Casey, 947 F.2d 682 (3d Cir. 1991), arguing that a Pennsylvania that required women seeking abortions to inform their husbands should have been upheld. As Judge Alito reasoned, “[t]he Pennsylvania legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands’ knowledge because of perceived problems–such as economic constraints, future plans, or the husbands’ previously expressed opposition–that may be obviated by discussion prior to the abortion.” Chief Justice Rehnquist’s dissent from the Supreme Court’s 5-4 [corrected] decision striking down the spousal notification provision of the law quoted Judge Alito’s dissent and expressed support for Judge Alito’s reasoning.
A dissenting opinion in Homar v. Gilbert, 89 F.3d 1009 (3d Cir. 1996) arguing that that a state university did not violate the procedural due process rights of a campus policeman when it suspended him without pay and without a prior hearing upon learning that he had been arrested and charged with drug offenses. The Supreme Court, which reversed and remanded the case on other grounds, agreed with Judge Alito’s reasoning that no hearing was required prior to the suspension because the drug charges showed that the suspension was not baseless.
A dissenting opinion in Sheridan v. Dupont, 100 F.3d 1061 (3d Cir. 1996) (en banc) arguing that a plaintiff in a sex discrimination case should not inevitably be able to survive summary judgment simply by casting doubt on the employer’s proffer of legitimate, nondiscriminatory reasons for the adverse employment decision.
Where does Alito stand on Executive Power? I suspect that is the only issue Bush really cares about, and I doubt he will nominate anyone who hasn’t proven their willingness to crown him king.
Comment by Ian — October 28, 2005 @ 11:06 am
What about Maureen Mahoney? She is described as the “female John Roberts” by the AP. She argued (and won) the University of Michigan Law School case Grutter.
Comment by madprofessah — October 28, 2005 @ 11:29 am
Madprofessah: The conservative base certainly would oppose Mahoney precisely because she argued for affirmative action, so Bush can’t nominate her without alienating his base.
Comment by Jacob — October 28, 2005 @ 3:38 pm
Sam Alito is highly qualified. Has always been conservative (I’ve known him since law school), but is intellectually honest and turns square corners. Brilliant and impeccably fair. Nevertheless, Tom, I just can’t see two male Italian-Americans from New Jersey on the Court at the same time. No matter how little the President weighs the diversity factor, isn’t that really unlikely? Wouldn’t Alito also make it five Catholics and two Jews out of the Nine? Is that really a good bet, or do you really think religion doesn’t matter?
TG responds: Yeah, I just kind of think all that stuff is out the window now. They tried a demographic appointment, and they will now move on. Just my 2 cents.
Comment by Peter G — October 28, 2005 @ 9:01 pm
The Sheridan link and citation are to the vacated panel decision. You want this.
Comment by John Elias — October 31, 2005 @ 3:36 am
Wow, good call! Alito was nominated just today.
Comment by Metallifan — October 31, 2005 @ 12:48 pm
Objective Measures?
I think we all agree that he is a conservative and probably an originist/textualist. The question is can we (or they) come up with some OBJECTIVE measures.
On first guess he has decided 500 cases in the last 10+ years. Both Us and They can pick and choose a few of these that support our bias.
On the other hand, I’d like a full listing of all the cases that were decided, which and how many were split, minority, overturned, etc., which were pro/anti law, which were pro/anti Federal vs. State law, etc.
Similarly: how can we OBJECTIVELY measure his positions relative to specific axis, e.g. Make vs. Judge the law, Corporations vs Individuals, Government vs Freedom, etc. and what axies are of interest?
Comment by mike liveright — October 31, 2005 @ 4:00 pm
The note about Fatin is misleading at best and wrong at worst. Fatin was actually denied her asylum claim because, as Alito reasoned, she was not persecuted because she merely found the dress restrictions “offensive” and was not willing to die for her beliefs.
Comment by TheGoodReverend — November 1, 2005 @ 8:29 pm
Listen, all the talk about Alito’s brilliance and qualifications are rhetoric. Of course a nominee for the Supreme Court would be qualified. But the fact that he is a right wing extremist can’t be more blatant. And all this jazz about a judge ‘not having an agenda’? Honestly, who believes that? The closest we had to a non-agenda justice was Sandra Day O’ Connor. Here’s something all truly concerned Americans should do now: Please, please call your senators now, and keep calling, to voice you opposition to Alito.
Comment by progressive constructionist — January 10, 2006 @ 11:27 am