Senator: Dewine
SPECTER: Senator DeWine?
DEWINE: Mr. Chairman, thank you very much.
I met with Judge Alito on the day after his nomination. And I must say I was impressed with him from the start. After spending about an hour with the judge, I felt that he was a modest, honest and fair man.
At the time, however, I didn't make a final decision about his nomination. I never do. I started my career as a county prosecutor. I believe in trials before verdicts.
Well, we just, in a sense, had a trial, and this is what I found. I 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 3rd Circuit.
Judge Edward Becker said of Judge Alito, and I quote, "I have never seen a chink in the armor of his integrity, which I view as total."
Judge Leonard Garth called Judge Alito a, and I quote, "morally principled judge."
To me, Mr. Chairman, this testimony carries substantial weight. We can judge a man by his record. We can judge him by his judicial philosophy. But, really, there is no better judge of a man than those who really know him best.
At the hearing, I saw an experienced judge with a brilliant legal mind. Judge Alito has served as a federal prosecutor and has argued 12 cases before the United States Supreme Court. For more than 15 years, he has served on the 3rd Circuit, deciding thousands of cases.
This background certainly explains why he earned a unanimously well-qualified rating from the American Bar Association.
Mr. Chairman, I also saw a man who is open-minded and fair. The testimony of his former law clerks, I think, shows this. Kate Pringle, a self-described, committed and active Democrat, said that Judge Alito treated all litigants, and I quote, "in a fair and open- minded way."
DEWINE: Jack White, a member of the NAACP and the ACLU, said that Judge Alito had, and I quote, "an abiding loyalty to a fair judicial process, not," and I quote again, "an enslaved inclination toward a political or personal ideology," end of quote.
Judge Alito also understands that judicial opinions affect real people and have real consequences.
I think, Mr. Chairman, the judge put it himself best, let me quote.
This is what the judge said: "When I have cases involving children, I can't help but think of my own children. 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."
The judge continues: "When I have a case involving someone who has 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," end of quote.
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, Mr. Chairman, that is truly the approach of a fair and open-minded judge.
DEWINE: That's what we want on the bench.
Finally, I saw a man who understands the proper role of a judge. I believe that judges play an important, but limited, role in our constitutional system. Judge Alito seems to embody this thinking as well.
Several years ago, Judge Alito reminded his fellow judges about the attributes of a good judge. Always remember, he said, to, and I quote, "act like a judge."
Then he went on to say, and I quote, "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," end of quote.
As I said, Mr. Chairman, on the first day I met Judge Alito, I was impressed with him. But, frankly, I'm even more impressed today after going through the hearing. He's a good, decent, honest man. He has an extraordinary legal talent. And he approaches each case with an open mind and an understanding heart.
Throughout this process, Judge Alito has conducted himself with dignity, patience and poise. In my opinion, he will make an outstanding addition to the United States Supreme Court.
I am proud to support his nomination.
SPECTER: Thank you, Senator DeWine
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