Hearing 0f the Senate Judiciary on Nomination of Judge Samuel Alito - Mark-Up Statement

Hearing 0f the Senate Judiciary on Nomination of Judge Samuel Alito - Mark-Up Statement

Mr. Chairman, I met Judge Alito on the day after his nomination, and I was very impressed with him from the start. After spending an hour with the Judge, I could tell that he is a modest, honest, and fair man, with a solid understanding of the appropriate role of a judge.

At the time, however, I had not made a final decision about this nomination. I started my career as a county prosecutor and believe in trials before verdicts. Well, we just had the trial. And, during that trial, this is what I saw.

I saw a man who is forthright and honest. Over the course of three days, Judge Alito was asked 677 questions on issues ranging from abortion, to Executive power, to Vanguard. He answered at least 659 of them or 97.3%. To give you some perspective, Justice Ginsburg was asked just 384 questions, answering only 80%. And, Justice Breyer was asked only 355 questions, answering 82%. Judge Alito was asked more questions and answered more than any recent nominee.

I also saw a man of character and integrity. The best evidence on this point is the testimony of those who know him best -- his colleagues on the Third Circuit. Judge Edward Becker described Judge Alito as "modest and self-effacing." Judge Becker continued: "I have never seen a chink in the armor of his integrity, which I view as total." And, Judge Leonard Garth, Judge Alito's first boss, called him a "morally principled judge." To me, this testimony carries substantial weight. We can judge a man by his record. We can judge him by his judicial philosophy. But, there is no better judge of a man than those who know him best.

At the hearing, I saw an experienced Judge, with a brilliant legal mind. Judge Alito came to this Committee with a lengthy and distinguished legal career. He served for several years as a federal prosecutor, taking on the mob, drug dealers, and white collar criminals. He argued 12 cases before the Supreme Court. For more than 15 years, he has served as a judge on the Third Circuit, deciding thousands of cases and authoring hundreds with his own pen. This background certainly attests to his extraordinary competence, and explains why he earned a unanimously well-qualified rating from the American Bar Association.

I also saw a man who is open-minded and fair. During our hearing, some claimed that Judge Alito has a bias toward the government or big business. But, that is not what was said by those who know him best. Take, for example, the testimony of Judge Alito's former law clerks:

-- Kate Pringle, "a committed and active Democrat," said that Judge Alito "approached each case without a predisposition toward one party or the other." She said that he treated all litigants "in a fair and open-minded way."

-- Jack White, a member of the NAACP and the ACLU, said that Judge Alito had an "abiding loyalty to a fair judicial process," not "an enslaved inclination toward a political or personal ideology." In fact, Mr. White "never witnessed an occasion when personal or ideological beliefs motivated a specific outcome in a case."

-- Finally, Professor Nora Demleitner, who described herself as a "left-leaning Democrat, a member of the ACLU, a woman, and an immigrant," also had praise for Judge Alito. "In the years I have known the Judge, he has never decided a case based on a larger legal theory about the Constitution or a conservative worldview, but instead has looked at the merits of each individual case."

Judge Alito also understands that judicial opinions are more than just ink in a Federal Reporter. He understands that they are decisions that affect real people and have real consequences. The Judge, himself, put it best:

[W]hen a case comes before me involving, let's say, someone who is an immigrant . . . I can't help but think of my own ancestors because it wasn't that long ago when they were in that position. . . . . [W]hen I look at those cases, I have to say to myself, and I do say to myself, this could be your grandfather. This could be your grandmother. They were not citizens at one time and they were people who came to this country.

When I have cases involving children, I can't help but think of my own children and think about my children being treated in the way the children may be treated in the case that's before me. . . . When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender, and I do take that into account. When I have a case involving someone who's been subjected to discrimination because of disability, I have to think of people who I've known and admired very greatly who had disabilities and I've watched them struggle to overcome the barriers that society puts up[.]

To me, Judge Alito's testimony accurately reflects his record while on the bench. No matter who comes before him and no matter what the case, Judge Alito approaches each issue with an open-mind and a real-world sense of the consequences of his actions. To me, that is truly the approach of a fair and open-minded judge.

Finally, during our hearing, I saw a man who understands the proper role of a judge. I believe that judges play a limited, but important role in our Constitutional system. Judges are not Members of Congress, state legislators, governors, or presidents. Their job is not to pass laws nor make policy. Instead, it is the job of a judge -- to use the words of Justice Byron White -- "to decide cases." Nothing more.

Judge Alito seems to embody this thinking. Several years ago, at a ceremony honoring one of his colleagues, Judge Alito reminded his fellow judges about the attributes of a good judge. Always remember, he said, to "Act like a judge." He went on to say:

"Do what good judges do, what they have done for a long time. Decide the cases that come before you, decide them as best you can . . . . Speak straightforwardly on the matters that are properly before you. Exercise the important powers that are rightfully yours, but keep in mind that you are a judge." On the first day I met Judge Alito, I was impressed with him. But, I am even more impressed today. He is a good, decent, and honest man. He has extraordinary legal talent. And, he approaches each case with an open mind and an understanding heart. In spite of some of the attacks on his reputation, Judge Alito has conducted himself with dignity, patience, and poise. In my opinion, he will make an outstanding addition to the Supreme Court, and I am proud to support his confirmation.

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