Sam Alito and the Senate Hearings: Return of the Judge

The hearings have commenced again, and I am picking it up 5 or so minuites into the afternoon session.

Kyle v. Alito

2:20 - Kyle and Alito are talking about different cases, dealing with once again, search and seizure (the 4th Ammendment) with the overarching idea being the refutation of the idea (put forth by Biden and Kennedy) that Alito bows to the executive branch and its powers.

2:25 - Now they are touching once again on the discrimination issue, that may even be tied to the CAP issue as well. The bottom line here is that there have been numerous cases in which Alito did indeed come down on the side of discrimination, saying that the plaintiff was indeed being discriminated against.

2:30 - Kyle and Alito goback and forth about a couple of cases he decided.

2:34 - Alito v. Kohl

Kohl is citing examples of laws that have come down over the years thanks to a "broader interpreted Constitution"

2:47 - Alito and Kohl are discussing Alito's inspiration when it comes to law, examining Warren court decisions that he disagreed with (according to a 1985 quote) - reaportionment and "one person, one vote"

2:49 - Traditional Value: "What is a traditional value and who decides what a traditional value is?" - Kohl

Alito: "A traditional value is that of living safely where you live, raising your family, and following one's concience"

2:50 - Abrotion: Casey v. Planned Parenthood - Regulating and undue burden.

2:55 - Reaportionment/One Person, One Vote - redictricting and the desire for congressional and legislative districts to be equal in population, according to Alito this made no sense in the middle of a decade when population levels had changed.

2:58 - Family and Medical Leave Act - Alito puts forth that the issue in his case was different than the case cited by Kohl: Hibbs. In Hibbs there was a violation of Constitutional provisions. Yet in Alito's case Chitister, there was no violation - as concluded by the entire panel and 7 other circuits.

3:00 - Bush v. Gore - Alito could not comment unless it had been brought before him directly

Alito v. Dewine

3:03 - DeWine is attempting to set the record strait on Alito and defend the decisons that Alito has made, directly opposite of the charges that others on the commitee are making.

3:10 - Vanguard, from another angle. Vanguard was technically part of the suit and a defendent, but not in the same manner that the public would consider. All vanguard was asked to do was "who do I give the money to?" "for the sake of the process I hope we can put these issues behind us, this is about...what kind of judge would you be on the SCOTUS?"

3:11 - Courts v. Congress on Congressional Power. Dewine calls this a "frightening trend" as shown by various ADA cases. "What is the judicary's role in fact finding?"

Alito - Congress is due great respect in these matters

3:18 - DeWine - What can congress do or not do under the spending clause?

Alito: There must be clear and fair notice in terms of what a state is agreeing to, those standards would be applied to future precident.

3:20 - Roe as Precident/Super/Super Duper - DeWine disagrees and only has found 4 actual cases out of the 38 cited as having been directly deat with by the courts. He states that things are different now, the plaintiff wants it overturned, and we know much more medically now then we did then, trimesters and all. DeWine states that Blackmun "trusted his gut" on this issue.

3:23 - Discussion of Curcuit splits. Alito says that they are unfortunate but do happen. DeWine stipulates that the Supreme Court could assist with this by taking on more cases than they do now.

3:30 - Pornography

DeWine puts forth that it is lesser free speech because it does not contribute to the public debate and just hurts those that it touches, but reguardless, the courts have struck down many congressional attempts at safewgaurding people from it. Alito says that things need to be worked out further to keep people from it, but it is harder, as children have a greater aptitude towards computers and pron is quickly available online at a conputer.

3:35 - the Cert pool - Alito would acess the stuation once confirmed.

Alito v. Fienstien

3:37 - The Commerce Clause and Lopez - as it is pressing as a issue and in future cases, Alito cannot say much, as it might come before the court.

3:38 Rybar - a gun case involving being indited on a count of unlawful posession of a sub-machine gun. Fienstien cites an Alito decision and says that it appears that he wanted to follow precident.

3:40 - discussion as much as there can be one, on Lopez and interstate commerce. Alito states that the very owning of a machine gun has an effect on interstate commerce.

3:49 - Abortion and Roe - Fienstien asks for examples of special cases where Stare Decisis would be over turned, as an overruling of prior precident. "What special circumstance would there need to be to overturn Roe?"

Alito - If the rule has proven to be unworkable or changes in how things are in the real world. States that there is a right to privacy that is Constitutionally protected.

Fienstien - In Casey you decented, saying that there should be spousal notification, as you stated that generally it is single/unmarried indiviuals who get abortions. A women has a right to choose and in a 1985 memo you wrote to overturn Roe, what about precident then?

Alito: I didn't advocate overturning Roe.

Fienstien: Casey again...

Alito - Idon't equate an adult woman with a minor

Fiensstien: Wiretapping, Spying, and FISA. Great concern because of electronic survailence towards americans and foreigners.

Alito: Case law under 4th ammendment requires a warrant, but there are circumstances where that things might be different.

Alito v. Sessions

4:07 - Sessions concerned, as DeWine is, with the attacks on Alito that have been made. "Please explain how you do things as a judge on your curcuit"

Alito - we have an adversary system where both sides can state their case. Both sides can present arguments that have a bearing on the case, judges get to read the briefs, both sides are assured a stong presentation. All of this is read and oral arguments are made. I come to it with a general idea of how the case shoud be decided, however I keep an open mind. A final conclusion is not reached until the entire process has taken place.

Sessions asked a question in re: to what happens before Alito sees a case (what happens in the lower courts)

4:20 - Alito and Sessions are discussing interstate commerce.

4:21 - Sessions is now asking questions about a memorandum that Alito wrote in '85 about the government filing as a friend of the court, and that he was doing his job as the best he could as an advocate, inso doing "disagreeing" with President Regan and General Meese.

4:27 - Sessions states that he believes that the courts have been wrong and dismissive when it comes to Roe.

4:28 - small discussion about Alito's salary and who can alter it, including a good laugh.

4:30 - Conservatives can be activists too (according to Sessions). Alito agrees, that an activist is one who desires to superceede the Constituton.

4:33 - Alito: do not look at the decisions of foreign courts to interpret our Constitution, for it gives no insight into American Constitutional issues

4:35 - Public officers need to abide by the Constitution as to foster public trust and not interpret things on their own.

4:37 - Return of the strip search: Alito was looking at the case of the officers being sued for civil damages, not insomuch the search itself. The magistrate was supporting exaclty what the officers had done in terms of the search

Same Bat-time, Same Bat web-address...after this 20 minuite punditry by our sponsor FOXNew's Brit Hume and Chris Wallace.