Alito Nomination

It seems like we’re getting very accustomed to the nomination process, and the rhetoric that ensures after the initial announcement, so here is my two cents. Of the three nominees we’ve seen this year, Samuel Alito is the one with the most judicial experience. Even more so than Roberts, and in striking contrast to Harriet Miers, Alito has a distinguished record and a paper trail that will allow a close examination of his qualifications and judicial style.

Immediately after the nomination there was an outcry about his dissent in the Planned Parenthood v. Casey, the most famous abortion case since Roe v. Wade. I have not had the chance to read this dissent yet, but it should not single-handedly sink his nomination. A quick overview of some of Alito’s decisions shows someone who is definitely conservative, but who appears to strongly value important rights such as Free Speech and Free Exercise of religion. I realize that abortion is a pivotal issue for people, but I detest the “litmus test” philosophy that has been adopted in recent years. A judge’s view on this single issue should not be determinative of whether he is qualified to serve on the Supreme Court.

I had a discussion with a friend of mine right after Alito was announced, and we came to the conclusion that it is ludicrous that we have reached a point where the President has to be afraid to nominate someone with a firm record. There is no logic to constantly having to appoint judicial outsiders or relatively new judges to the Supreme Court. I would prefer to know how someone thinks, rather than having to play a guessing game as to what they will do once they get onto the bench.

The 15 years Alito has spent on the Third Circuit will provide an incredible opportunity to scrutinize his judicial philosophy. Though certain people may not agree with his style, my initial reaction is that he is an intelligent judge who, though conservative, will uphold the Constitution and show proper deference to important precedents. In the end, this should be what we look for in a Supreme Court Justice, not just how he would rule on one issue.