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Samuel Alito

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Samuel Anthony Alito Jr. (born April 1, 1950) is a judge on the United States Court of Appeals for the Third Circuit. On October 31, 2005, President George W. Bush nominated him to the position of Associate Justice of the United States Supreme Court, to replace retiring Justice Sandra Day O'Connor.

Samuel A. Alito, Jr.

Personal Life

Alito was born in Trenton, New Jersey to Samuel Alito Sr., an Italian immigrant, and Rose Alito. He attended Steinert High School in Hamilton, New Jersey. He graduated from Princeton University with an A.B. in 1972, and went to Yale Law School, where he served as editor on the Yale Law Journal and earned a J.D. in 1975. Alito's father, who is now deceased, was the director of the New Jersey Office of Legislative Services from 1952 to 1984. Alito's sister, Rosemary, is regarded as one of New Jersey's top employment lawyers.

In 1972, during the Vietnam War, Alito received a commission in the Army Reserves. He was honorably discharged as a Captain.

Alito and his wife, Martha, live in West Caldwell, New Jersey; they have two children: a son, Philip, who is an undergraduate at the University of Virginia, and a daughter, Laura, who is in high school.

According to the Washington Post, Judge Alito is known as "a studious, diligent, scholarly judge with a first-rate mind and a deadpan sense of humor, a neutral arbiter who does not let personal beliefs affect his legal judgments." [1]

Career

Alito argued twelve cases before the Supreme Court for the federal government during his tenure as assistant to the Solicitor General. While serving as an attorney for New Jersey, he prosecuted many cases that involved drug trafficking and organized crime. [2]

Alito was nominated by George H. W. Bush on February 20, 1990 to the United States Court of Appeals for the Third Circuit. Alito was rated by the American Bar Association as “Well Qualified” at the time of his nomination. He was confirmed unanimously by voice vote in the Senate on April 27, 1990 [3], with Democratic Senator Ted Kennedy commenting at the time that Alito had a "very distinguished record." His chambers are in Newark, New Jersey.

As adjunct professor at Seton Hall University School of Law, Alito has taught courses in Constitutional Law and an original course on terrorism and civil liberties. In 1995, Judge Alito was presented with that law school’s Saint Thomas More Medal, "in recognition of his outstanding contributions to the field of law." [4]

He is known for his conservative judicial views. In one of his most well-known opinions, he dissented in a 2-1 decision in Planned Parenthood v. Casey in 1991. In that case, he voted to uphold a Pennsylvania law that required women to inform their husbands before having an abortion, noting that the law allowed certain exceptions, such as an abusive spouse. The Supreme Court struck down the law in 1992. Lawrence Lustberg, a criminal defense attorney and friend of Alito, says that he is "very prosecutorial from the bench. He has looked to be creative in his conservatism, which is, I think, as much a Rehnquist as a Scalia trait." [5]

Nomination to US Supreme Court

File:Bush Alito.jpg
Samuel Alito acknowledges his nomination on October 31, 2005, with President George W. Bush looking on.
Main article: Samuel Alito Supreme Court nomination

Alito's nomination is Bush's third attempt to fill the seat that will be vacant when Justice Sandra Day O'Connor's resignation takes effect. Following O'Connor's announcement, on July 1, 2005, that she would retire, it was widely reported that Alito had been narrowly passed over as her replacement; Bush instead nominated John Roberts, who was then re-nominated to fill William Rehnquist's post following the Chief Justice's death on September 3, 2005. On October 3, White House counsel and Bush confidante Harriet Miers was nominated to fill O'Connor's spot, but her nomination was withdrawn on October 27 following opposition from both conservative Republicans and some Democrats.

President Bush nominated Alito to the position of Associate Justice of the Supreme Court of the United States on October 31 2005. If confirmed by the Senate, Alito would be the eleventh Catholic to serve on the Supreme Court (the others being Roger Taney, Edward White, Joseph McKenna, Pierce Butler, Frank Murphy, William J. Brennan, Antonin Scalia, Anthony Kennedy, Clarence Thomas, and John Roberts) and the fifth on the current Court (along with Chief Justice Roberts and Associate Justices Scalia, Kennedy, and Thomas), creating the first majority-Catholic Supreme Court in history, and together with the two Jewish justices (Ruth Bader Ginsburg and Stephen Breyer), a court with the most religious minorities (7 of 9 justices).

In announcing his nomination, Bush stated, "He's scholarly, fair-minded and principled and these qualities will serve him well on the highest court in the land. [His record] reveals a thoughtful judge who considers the legal merits carefully and applies the law in a principled fashion. He has a deep understanding of the proper role of judges in our society. He understands judges are to interpret the laws, not to impose their preferences or priorities on the people." [6] Alito, in accepting the nomination, said, "Federal judges have the duty to interpret the Constitution and the laws faithfully and fairly, to protect the constitutional rights of all Americans, and to do these things with care and with restraint, always keeping in mind the limited role that the courts play in our constitutional system. And I pledge that if confirmed I will do everything within my power to fulfill that responsibility." [7]

Bush apparently consulted with business groups such as the U.S. Chamber of Commerce and the National Association of Manufacturers in his search for potential Supreme Court nominees. Greg Valliere, a chief strategist for Stanford Washington Research Group, said that Alito would not have been chosen if his judicial philosophy did not favor business interests. [8]

 
Martha Alito (R) with daughter Laura (L) and son Philip (C) look on as President Bush announces his nomination.

Reaction to the Nomination

Although Alito was confirmed unanimously to the 3rd U.S. Circuit Court of Appeals in Philadelphia 15 years ago, many Democrats have voiced their opposition to his nomination to the Supreme Court. Democratic Senate Minority Leader Harry Reid, who had publicly supported Miers' nomination, made a statement saying, "Conservative activists forced [Harriet] Miers to withdraw from consideration for this same Supreme Court seat because she was not radical enough for them. Now the Senate needs to find out if the man replacing Miers is too radical for the American people," [9] and that the nomination "would create a lot of problems." [10] Ted Kennedy said that Alito's nomination is "based on weakness, not strength." [11] Senator John Kerry released a statement saying that, "Every American should be deeply concerned that the far right wing which prevented Harriet Miers from even receiving a Senate hearing is celebrating Judge Alito’s nomination and urging the Senate to rubber stamp the swing vote on our rights and liberties." [12] Ralph Neas, president of the group People For the American Way, said that "President Bush put the demands of his far-right political base above Americans' constitutional rights and legal protections." In contrast, supporters of the president contend that the "far right wing" is a key segment of American society that deserves an equal voice and equal representation. They point out that President Bush promised those who would vote for him that he would appoint a justice to the Supreme Court that would be a so-called strict constructionist, and now he is fulfillling his campaign promise.

Some Democrats who praised Alito in 1990 when he was nominated to the 3rd U.S. Circuit Court of Appeals now oppose his nomination to the Supreme Court because they say that 15 years of judicial rulings and opinions have changed their view of him.

NARAL Pro-Choice America, a group favoring women's reproductive rights, said that the nomination of Alito would threaten "fundamental freedoms, including a woman's right to choose." The National Pro-Life Action Center, a group which supports banning abortion, praised the nomination.

Thus far, reaction from conservatives has been more positive than that following Miers' nomination. Senator Orrin Hatch (R-UT) commented that, "President Bush has hit a home run by selecting Sam Alito." [13] Senator Sam Brownback (R-KS) also voiced his support: "I commend the president and congratulate Judge Alito on this nomination." [14]

Some politicans have called for both sides to wait until Senate hearings begin before supporting or opposing Alito's nomination. Senator Dianne Feinstein (D-CA), who voted against Roberts when he was nominated for Chief Justice, said, "I would hope that people on both sides would hold their fire, allow the Judiciary Committee to do its work, and not take a position until that work is completed." [15]

Case history

LexisNexis reports that Alito has authored more than 700 opinions.

Abortion

  • A dissenting opinion in Planned Parenthood v. Casey, 947 F.2d 682 (3d Cir. 1991), arguing that a Pennsylvania law that required women seeking abortions to inform their husbands should have been upheld. As Judge Alito reasoned:
[t]he Pennsylvania legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands' knowledge because of perceived problems — such as economic constraints, future plans, or the husbands' previously expressed opposition — that may be obviated by discussion prior to the abortion." He added some exceptions: "These exceptions apply if a woman certifies that she has not notified her husband because she believes [FN4] that (1) he is not the father of the child, (2) he cannot be found after diligent effort, (3) the pregnancy is the result of a spousal sexual assault that has been reported to the authorities, or (4) she has reason to believe that notification is likely to result in the infliction of bodily injury upon her."

Rehnquist's dissent from the Supreme Court's 5-4 decision striking down the spousal notification provision of the law quoted Judge Alito's dissent and expressed support for his reasoning.

  • A concurring opinion in Planned Parenthood of Central New Jersey v. Farmer, 220 F.3d 127 (3rd Cir. 2000), in which Judge Alito recognized that a New Jersey law banning "partial-birth abortions" was unconstititional in light of the recent Supreme Court case of Stenberg v. Carhart, 530 U.S. 914, 120 S.Ct. 2597, 147 L.Ed.2d 743 (2000).

Federalism

First Amendment

  • A majority opinion in Saxe v. State College Area School District, 240 F.3d 200 (3d Cir. 2001) [16], holding that the public school district's anti-harassment policy, which prohibited harassment based on sexual orientation among other criteria, was unconstitutionally overbroad and therefore violated First Amendment guarantees of free speech. Alito wrote: No court or legislature has ever suggested that unwelcome speech directed at another's 'values' may be prohibited under the rubric of anti-discrimination.
  • A dissenting opinion in Banks v. Beard, 399 F.3d 134 (3d Cir. 2005), arguing that the prison policy prohibiting inmates of a segregated unit from accessing news media or family photographs was not a violation of the First Amendment. Alito reasoned:[17]
[T]here is a "rational" relationship between that restriction and the legitimate penological objective of deterring misconduct. It is "rational" for corrections officials to think that inmates who are not in Level 2 will be deterred from engaging in serious misconduct because they do not want to be transferred to that unit and thus to be subjected to the restrictions that accompany that assignment. It is also "rational" for corrections officials to think that inmates who are in Level 2 will be deterred from engaging in serious misconduct while in that unit because they wish to be transferred out and thus to escape such restrictions.

Harassment and discrimination

  • A majority opinion in Williams v. Price, 343 F.3d 223 (3d Cir. 2003), [18] granting a writ of habeas corpus to a black state prisoner after state courts had refused to consider the testimony of a witness who stated that a juror had uttered derogatory remarks about blacks during an encounter in the courthouse after the conclusion of the trial.
  • A dissenting opinion in Sheridan v. Dupont, 74 F.3d 1439 (3d Cir. 1996)(en banc). [19]. Alito would have required a plaintiff to meet a higher standard of evidence to survive a motion for summary judgement in a sex discrimination case, agreeing with a ruling by the 5th Circuit. Alito earlier wrote the majority opinion when the case was heard before a three-judge panel, [20] expressing a preference for the 5th Circuit's reasoning, but ruling according to 3rd Circuit precedent.
  • A dissenting opinion in Bray v. Marriott Hotels, 110 F.3d 986 (3d Cir. 1997), [21] arguing that summary judgment in favor of the defendant, a Mariott hotel manager allegedly denied promotion on the basis of race, was appropriate because the plaintiff had not presented enough evidence to allow a reasonable jury to conclude that every one of the reasons Mariott offered for having denied promotion was a mere pretext. The majority responded that Alito would have protected racist employers by “immuniz[ing] an employer from the reach of Title VII if the employer’s belief that it had selected the ‘best’ candidate was the result of conscious racial bias.”
  • A majority opinion in Saxe v. State State College Area School District, 240 F.3d 200 (3d. Cir. 2001), that declared unconstitutional a public school district policy that prohibited harassment against students because of their sexual orientation or other characteristics. Alito reasoned that the policy was unconstitutional because it could cover what he called "simple acts of teasing and name-calling." [22]

Other case decisions

  • A majority opinion in Fatin v. INS, 12 F.3d 1233 (3d Cir. 1993), allowing an Iranian woman to seek asylum in the U.S. on gender persecution grounds.
  • A majority opinion in Shore Regional High School Board of Education v. P.S., 381 F.3d 194 (3d Cir. 2004) [23], reinstating an administrative law judge's ruling in favor of parents who claimed the school system's failure to protect their child from bullying justified their placing him in a different high school.
  • A dissenting opinion in Homar v. Gilbert, 89 F.3d 1009 (3d Cir. 1996), arguing that a state university need not hold a hearing before suspending a campus policeman without pay after he had been arrested on drug charges. The Supreme Court later agreed with Alito.
  • A majority opinion in Southco, Inc. v. Kanebridge Corp., 390 F.3d 276 (3d Cir. 2004), [24] a copyright case discussing the issue of originality. Alito held the "the creative spark... utterly lacking in [a part's numbering system, and thus] these numbers are examples of works that fall short of the minimal level of creativity required for copyright protection."
  • A majority opinion in United States v. Lee, 359 F.3d 194 (3rd Cir. 2004). Alito rejected a defendant's argument that his Fourth Amendment rights were violated by the introduction into evidence of a videotape recording of a meeting with an informant who consented to the videotaping.
  • In a dissent to Doe v. Groody, Alito argued that qualified immunity should have protected police officers from a finding of having violated constitutional rights when they strip-searched a mother and her ten-year-old daughter while carrying out a search warrant that authorized the search of a residence. The mother and daughter were not referred to in the warrant. [25]
  • Blackhawk v Pennsylvania, a free exercise case where a Native American was seeking relief from a state law against keeping bears in captivity because, in his religion, black bears had great spiritual significance and were used in religious rituals. Alito applied the precedent, Church of Lukumi Babalu Aye, Inc. v. Hialeah, and ruled that Blackhawk must be granted an exemption from those laws. [26]
  • In 2002 Alito drew conflict-of-interest accusations after he upheld a lower court's dismissal of a lawsuit filed by Shantee Maharaj of Wayne, New Jersey, against the Vanguard Group. Alito had between $390,000 to $930,000 invested with the mutual fund company at the time. He denied doing anything improper but recused himself from further involvement in the case. [27]

Media commentary

  • Television host Chris Matthews called an alleged Democratic talking points memo against Alito "disgusting." The memo criticized Alito for, among other things, failing to convict members of the Mafia during a prosecution. Matthews claimed that the memo implied an ethnic slur against Alito, who is Italian-American. [28] (video, 9 minutes)

Trivia

  • Those who compare his ideology to that of Scalia have nicknamed him "Scalito" (a portmanteau of "Scalia" and "Alito" that appears to have originated in a 1992 National Law Journal article). Philadelphia journalist Shannon P. Duffy claims to have coined the nickname. [29] National Italian American Foundation chairman Ken Ciongoli, who has donated thousands of dollars to the Republican Party [30] (and whose son clerked for Alito himself [31]), has claimed the use of the "Scalito" nickname "marginalizes [Alito's] outstanding record." [32] Whether or not this was intended, the "-ito" suffix is a diminutive in Italian.
  • MSNBC's Chris Matthews, a former Jimmy Carter speechwriter, has called a Democrat attack strategy against Alito's ethnicity with the claim Judge Alito went easy on prosecuting the mafia "disgusting." [33]
  • Both Alito and Scalia were born in Trenton, New Jersey.
  • Has a blend of coffee named after him at T.M. Ward Coffee Co. in downtown Newark. "Judge Alito's Bold Justice Blend" is a mix of Colombian, Java and New Guinea with a bit of espresso, and was created by his clerks, who wanted to do something special for the judge. [34]

References

 
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