Sam Alito and the Senate - Episode 2.1

Back at it again...

Kennedy v. Alito

Kennedy is talking with Alito about the "Vanguard Issue" again, despite the fact that Hatch already discussed it and inoculated Alito to a degree. Kennedy totally over-looked the issues that Hatch discussed with Alito on Vanguard, and just barreled on through. Kennedy is now talking about the Bush Administration and the Tourture issue, wanting to know if Alito will "check the President when he has gone too far" and is "concerned that you (Alito) will not be that kind of Justice" - citing both Berger and O'Connor among others (both of those Justices that tend to vote left of Center), because back in '85 Alito phrased that he was favorable to the executive branch.

Kennedy is about to move on to another issue, but not before making sure he doesn't get stymied on his time (even to the point of moving the clock so he can see it). Kennedy is now delving deeper into the "executive branch issue". He is now talking about a case where US Marshalls who were tapped to go to a farm and evict the tennants, using force, too much according to Kennedy, their conduct being "gustapo like" according to a fellow judge on Alito's circuit at the time that he heard the case. Kennedy also stated that Alito "took the case from the jury" and decided it, not allowinging the farmers a trial by their peers.

In Alito's reply he is bringing out facts of the case that Kennedy has not touched...

Case II: "Strip search strikes back" - Kennedy is bringing up the issue again, as Layhe did, citing again and again how Alito and Michael Chertoff (current DHS Dir.) disagreed. Alito is talking about the issues of this case and how the affidavit and warrents were incorporated, saying that such a incorporation authorized the searching of people on the premisise because of the hiding of drugs.

3rd Circuit Rulings - "Not in a vaccum". Kennedy just summed up Alito's "alligence to the executive branch" and has moved on to the connected issue of tourture in light of the Senate's anti-tourture law and how the President "gutted" this law that he signed, in private. Kennedy is talking about "control over independent agencies" by the "unitary executive" and the tourture issue.

Sen. Specter is now giving Alito the chance to clarify the "gains and losses" point in the Vanguard issue, and Alito stated once again that there was little to know chance he could have gained anything.

Alito v. Grassley

Sen. Chuck Grassley opened much as he did yesterday, saying that his view of Alito "is much more positive" than others happen to hold. Grassley is quickly recapping what has been discussed already, and is going to bring up some things that have arisen against Alito from the Left interest groups in reguards to ethics. Grassley is once again discussing the ABA and their resolution that Alito is "Unanimously Qualified" as a judge. There are also resolution from five leading ethicists that Alito is certainly qualified as a man of integrity with a great example to follow, good things for a SCOTUS judge to exemlify. (The comical part of it all is the signs that are being held up and viewed by the news cameras. Grassley calls the leftist claims an attack to "tar and blame" him.

From Grassley: "Judge Alito, do you belive that the Executive Branch

should have unlimited and unchecked power?" Alito: "Absolutely not"

From Grassley: "Do you belive that the President is above the Law?" Alito: "Absolutely not!"

Grassley: "What is the position of a Judge in a democratic society?"

Alito: "Our government has a structure that everyone has to follow...one that protects people's rights...and enforces the laws."

Alito on personal politics: "Judges have to keep their own view out of

interpreting statutes and the Constitution The framers gave Judges lifetime tenure for a reason, so that they would be insulated from making decisions dependent on the way the political wind is blowing"

Alito: Judges have to respect Constitutional restraints...and engage in a process of asking themselves "should we bve doing this?" The Judicary not a law making body, that's for the Legislature. There are important provisions of the constitution that are not put in ceritan terms..."

Factors that affect the interpretation of the constitution - Judicial Review. Judges have to look to certian things. First impression, text, and precident.

Grassley: majority rule and indiviual freedoms...tension that needs to be resolved, what about silent majority?

Alito: there is tension, and the judicary has the power to execute Judical Review, as the legislature makes the law, the judicary reviews it. For silent majority, look to the text and to precident.

Grassley: what about the approach where the Judicary can create a constitution that is viable for today?

Alito: the Judicary cannot do that, the constitution is an enduring document.

Grassley: Should the courts fill vaccums left in the law by congress?

Alito: The courts are to enforce the statutes that the Congress passes, not to add or take away.

Grassley: Are their circumstances where the courts should diviate from the idea of deciding what is before them?

Alito: Focus on what is before you. If you speak in broader terms, you run the risk of saying things you do bot mean to do.

Grassley: Is the court within it's power to correct a "bad law"?

Alito: No it is not within their power. Sometimes though, when a unjust result comes about, the courts can go back and take asecond look. Occasionally, something will come along that when applied things come out badly in the real world and has unforseen consequences, it can advise as far as if it is going to be revised.

Alito: it is not within the Judicary to invade the athority of Congress

Alito v. Biden

Biden is puzzled. He is now talking about the Concerned Alumni of Princeton issue. Was Alito aware of the other issue going on in 1972? (The effort to prevent the entrance of minorities and women). Biden was sure aware because "he spoke on campus at the time". Once again, Biden brings up the issue of O'Conner and her swing seat. It is here that my father, who is watching with me, asks this question: why is she the swing seat? Is it because they vote in a certian order and O'Connor always votes last?

Biden has stated that O'Conner "fully understood the arena of discrimination...so I am going to ask you about discrimination"

Alito: the judical process has to be attentive when it comes to discrimination. The case that was cited here was one where there was no direct evidence of discrimination and people can disagree on such things,

as my colleuges and I did on this issue."

Biden and Alito are continuing to go back and forth on the discrimination issue. In the current case that is being discussed, along side Reeves v. Sanderson Plumming, Alito stated that O'Connor agreed with his analysis.

Alito and Biden have continued along the discrimination route, and did not have enough time to deal with the Planned Parenthood v. Casey

Alito v. Kyle

I missed the beginning of this due to laptop problems, but there has been a break for lunch till 2:15, so I'll be back at it in about an hour.