No Alito Agenda: Judge stresses principles above politics

Dallas Morning News | Editorials:

“If you fear Samuel Alito is more of a revolutionary ideologue than a cautious judge, chances are that you slept pretty well last night. The Supreme Court nominee didn't wow the Senate Judiciary Committee yesterday like John Roberts did in his hearings, but the respectful jurist gave no hint he would use the bench to remake America in his image.”

Ed Cognoski responds:

What he said is hardly reason to sleep well.

Judge Alito's testimony about abortion rights is that he has an "open mind." Meaning he doesn't consider it settled law. In a 1985 memo, Mr Alito advocated overturning Roe v Wade. Keeping an open mind means, I guess, that he'll listen to opposing arguments, just in case someone can come up with something to change his mind, something that he hasn't heard in the last twenty years. What chance that, do you think?

No judge is going to say the executive branch has unchecked authority in time of war. Not even President Bush says this, although his actions imply he believes this. In a 1984 Justice Department memo, Mr Alito defended the government's power to conduct wiretaps without warrants. Maybe Judge Alito is keeping an open mind about the Fourth Amendment, too.

And what judge ever says his personal political views influence his judicial decisions? Can Judge Alito point to examples where he ruled in a manner that contradicted any of his deeply held political views?

I find no reason to sleep better after this testimony. Judge Alito needs to stand firmly on the side of Constitutional rights, not just tell us he has an open mind, in order for this citizen to sleep better.