Today was the last day of Q&A between Judge Samuel Alito and the Senate Judiciary Committee in Alito’s confirmation hearings for his nomination to the Supreme Court. Before I analyze it, besides the disclaimer I made in my first post on this topic applying again, I should additionally make the following legal disclaimer: I am not an attorney—in fact, I’ve never even played one on TV. However, I am a pretty smart guy and I have studied quite a bit of law. Most importantly when it comes to the law, I understand the principles of logic & critical thinking and many would say that I apply them excessively. Subsequently, my analysis here is devoid of emotion but critically analytical and, therefore, relatively unbiased.
The best part of today’s hearing is that the Democrats finally gave up on the CAP and the Vanguard issues. Democrats repeatedly slashed at Alito with these issues for two days but made no fatal cut…because they are very blunt instruments. Although the issues looked like they could inflict some damage when they were first drawn, the more they were wielded, the less of an edge they held. Granted, they might have said something about Alito personally, but CAP & Vanguard were just red herrings in the context of Alito’s qualifications for the Supreme Court.
Of course, as you would expect with the straw men knocked down, Alito looked much better than he did in Round One. Nonetheless, he was still nowhere near as adept as Roberts at addressing—or deflecting, as the case may be—the committee’s questioning. Subsequently, Alito was much more forthcoming and provided more insights into what he would look like on the bench. In a nutshell, a conservative, thoughtful, analytical, and (like me) unemotional justice.
In effect, whether I agree with his personal ideologies or not, because he appears to think much like I do, I have to appreciate his approach. And when it comes to a Supreme Court justice, the approach is crucial. A justice cannot allow his or her decisions to be driven by emotion. They must have the law drive their decisions, even if that decision ends up to be contrary to the justice’s personal beliefs.
The Democrats on the committee made it clear that they do not agree with Alito’s personal values. However, that’s outside of the scope of the Senate’s purview on this matter. They’re supposed to provide advice and consent, but not selection. Therefore, if they find no substantial grounds to deny the qualifications of the president’s selection for the bench, then the Senate is obligated to confirm the president’s nomination. Regardless of the fact that Alito had nowhere near the superstar performance Roberts did, no one could rightfully say that his performance was grounds for disqualification (at least if you let logic drive that claim rather than emotion).
If Alito gets confirmed and sworn in to the Supreme Court, Americans cannot blame the Judiciary Committee. The Senate cannot blame the president. If you think that Alito should not be on the bench, then you have to lay the blame at the feet of the American electorate. That’s right: the Constitution gives the president the responsibility of nominating Federal judges. The electorate made their bed, now they’ll have to sleep in it—for the next few decades.