Live Blogging Continues

3:00: The Committee is questioning a panel from the ABA which includes Stephen L. Tober, Marna Tucker and John Payton.

3:01: Senator Kennedy is asking Payton what the ABA knew when about the Vanguard recusal issue. Tober explains that they will continue to monitor the proceedings on this issue.

3:02: Senator Hatch is thanking the ABA for their work on the nomination and reiterating that Alito acknowledged his mistake re Vanguard. Senator Hatch is asking Payton whether or not Alito had reason to recuse himself re Vanguard.

Payton find no fault in the way Alito handled the Vanguard matter.

3:05: Senator Feinstein askes if Tober has reason, since the start of the hearings, to change his views on the nomination. Tober says no.

3:06: Senator Sessions askes about the ABA interview process. Tober explains that he had 13 people involved in the field. They produced an 11 lbs report in the end.

3:07: Tober is discussing the ABA’s ability to get confidential information about nominees with respect to integrity, etc.

3:08: Senator Sessions is reiterating that the ABA holds Alito in “incredibly high regard” and is thanking Tober. Senator Graham is echoing these thoughts.

3:10: Senator Graham says he is pleased with the ABA’s recommendation despite the fact that it is about a process and not a outcome and mentions that in the future there may be ABA outcomes he would disagree with. Graham asks if Alito takes the highest approach to ethics.

Payton says that Alito’s colleagues hold him in the highest regard.

Graham asks why Alito would hear the Vanguard case if there is nothing in it for him. Payton repeats that it was a mistake and there was no benefit to Alito personally.

Tober reminds us that reasonable people can make reasonable mistakes.

3:13: Senator Schumer is asking whether or not the ABA rating gets into judicial philosophy. Tober confirms that it would not. Only integrity, professional competence and judicial temperment.

Schumer is asking whether or not the ABA rating would indicate whether or not a nominee is “out of the mainstream.” Tober says it would not.

3:15: The ABA panel is dismissed. The next panel includes Judges Becker, Lewis, Scirica, Barry, Aldisert, Gibbons and Garth, all former or current Circuit judges.

Senator Specter is explaining how this panel of Judges was formed. They were invited by Specter after a conversation with Judge Becker.

3:18: Judge Becker is beginning his statement. It details the “intense” relationship among appellate judges. His statement will speak to Judge Alito’s tempermant, intellect, integrity, and approach to the law.

With regard to temperment Becker believes the most critical part of the appellate process is the judges’ conference. Becker has never seen Alito raise his voice in thousands of conferences. With regard to integrity, Becker is discussing the Vanguard recusal and believes that Judge Alito was not required under the law to recuse himself. With regard to intellect, Becker says his intellect is of a very high order. He is not doctrinaire and will change his mind in light of the views of his colleagues. He does not dissent often. Becker believes Alito has the intellect to sit on the Supreme Court. He is not abstract, he is practical.

With regard to approach to the law, Becker is testifying to fact and not to opinion. Alito decides each case on the facts and not personal views and scrupulous adheres to precedent and is not biased towards any particular class of litigants.

Becker is acknowledging the controversy in Alito’s old memos and says that the memos do not reflect his role as a judge. Taking the Judicial oath makes you a different person. Judges do not decide general principles. Alito decides cases as narrowly as possible.

Judge Becker compared Alito’s approach to the law to his own. He thinks he is viewed as a mainstream judge. Of the cases in which they sat together — over a thousand — Becker and Alito disagreed 27 times.

3:26: Judge Becker has concluded his statement. Its Judge Scirica’s turn.

Judge Scirica and Judge Alito have served together on thousands of cases. Most cases they agree. Not all. Giving a baseball analogy about the cases that require hard thought. Those not clear balls and strikes.

Scirica believes Alito has a deep respect for the rule of law, is ethical. Has the compassion and judicial temperment that are the hallmarks of an outstanding judge. Judge Scirica believes his fellow Third Circuit judges have a unique perspective on Judge Alito. Says that Judge Alito approaches each case with an open mind and a respect for precedent.