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Remarks of Sen. Alexander - Confirmation of Judge Samuel A. Alito, Jr. to serve as an Associate Justice of the U.S. Supreme Court
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January 26th, 2006 - I rise to make a few remarks on Judge Alito. The Presiding Officer is from the next state over. North Carolina and Tennessee have the same mountains, and he may be familiar with a story we tell at home about the old Tennessee judge.
It is told in one of our mountain counties that the lawyers showed up one morning in the courthouse, all prepared for a 3-day or 4-day trial. They had their litigants and their witnesses and their books. They had done the research. The judge came in, sat down behind the bench, and said, “Fellas, we can save a lot of time. I had a phone call last night, and I pretty well know the facts. Just give me a little bit on the law.”
The lawyers were pretty disappointed because it was obvious to them that the judge already had pretty well made up his mind about what to do about that case. That is not what they expected. They thought they were coming before a judge--at least one side did--who was impartial and they wouldn't know whose side the judge was on.
When Judge Alito is sworn in, he will take two oaths. The first is the constitutional oath that we senators took. The second is the judicial oath, which makes a pretty good job description of a Justice on the Supreme Court, “I--and he will say his name--do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Associate Justice of the Supreme Court under the Constitution and laws of the United States. So help me God.”
Judge Alito's statements before the Judiciary Committee suggest to me that he understands very well his duty of impartiality under these oaths. He said he will uphold the Constitution. These are his words, “The Court should make its decision based on the Constitution and the law. It should not sway in the wind of public opinion at any time.”
Judge Alito has said that the Constitution applies to everyone: “No person in this country is above the law. That includes the president and it includes the Supreme Court.”
He has said he won't allow his personal views to compromise his impartiality. He also said, “I would approach the question with an open mind and I would listen to the arguments that were made.”
The other side has taken an unusual position. They keep asking, “Whose side is he on? Is he on the side of the rich or of the poor, the big or the little, the black or the white, business or labor? Is he on the side of the easterner or the westerner?” For us to know whose side he is on would violate his oath. He can't tell us that. The American people know that.
I had the privilege of being governor of my home state. In that process, I appointed 50 judges. I never asked a single one of them whose side they were on. I appointed Democrats and Republicans. I appointed the first African American judges, and the first women to be circuit court judges. I didn't ask them where they stood on abortion or the death penalty. I tried to find out about their character, about their intelligence, about how they would treat people before them, about their respect for law and their understanding of our country. I have been proud of those 50 appointees.
I am disappointed that some in this chamber would keep asking of Judge Alito and other nominees of the president, “Whose side is he on? Is he on the side of the rich or the poor, of the big, of the little?” He must take an oath of office that says he will not be on anybody's side and that when the lawyers come before him to argue a case, they don't know where he is going to come down except that he is going to come down according to his oath, according to the law.
Americans have shown that they know better. I had the privilege of being elected to the Senate in 2002. That was an issue in my election. Did the people of Tennessee want to confirm President Bush's judicial nominees, people who would interpret the law, not make it up as they go along? The people of Tennessee don't want a judge who takes sides before the case is argued.
I said a few months after I arrived here that I would not participate in a filibuster of any president's nominee. I might vote against them for one reason or another, but I wouldn't participate in a filibuster. Each one of them deserves an up-or-down vote. I am looking forward to casting this vote.
I would like to express my great respect for the woman Judge Alito will succeed. Sandra Day O'Connor was appointed by President Ronald Reagan. She was the first woman appointed to the Supreme Court. She has distinguished herself there by her intelligence, her independence, and scholarship. She has been a wonderful representative for our country. She is a great symbol for other men and women, reminding us that American history is a work in progress and that we had a long way to go when she was appointed, as we still do.
She tells a wonderful story of how, when she graduated from Stanford Law School, she applied for a job with a Los Angeles firm. Even though she graduated near the top of her class, she was told they only had places for women as secretaries. A few years later, a partner in the same firm was the Attorney General of the United States, and he called her and asked her to fly to Washington from Arizona so that he could talk with her about being President Reagan's appointee to the Supreme Court. She has come a long way, and she has helped our country come a long way. As we consider Judge Alito, we certainly salute Justice O'Connor.
I look forward to casting my vote for the confirmation of Judge Alito. His resume reads like a resume any of us who were once in law school dreamed we could have: his degree from Yale, his work as an Assistant U.S. Attorney, as Assistant to the Solicitor General, as U.S. Attorney, nearly 16 years of service on the Third Circuit Court of Appeals, and receiving a unanimous “well qualified” rating from the American Bar Association, which is the highest possible rating. He has based his opinions and dissents on sound legal arguments. He appears to be unswayed by the particular details of the case that are irrelevant to the legal issues at stake. He seems to understand that he is not to be on anybody's side, that he is supposed to enforce the law impartially and respect the Constitution. In short, Samuel Alito has demonstrated judicial temperament suitable for a nominee.
I believe he will serve with distinction. I am pleased to support his confirmation as Associate Justice of the U.S. Supreme Court.
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26th - current Speech
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