Senator: Grassley
SPECTER: Senator Grassley?
GRASSLEY: I support Judge Samuel Alito to become a justice.
While I can't always accurately predict how an individual will make a decision once he or she is confirmed, we have to trust our judgment and we have to trust the confirmation process. And I believe history shows that that process has worked very well to bring balance to the court.
It's clear that Judge Alito did a good job responding to questions posed by members during the committee hearing. He seemed to be very thorough, very candid, very forthright.
Judge Alito demonstrated that he'll be a superb justice.
Judge Alito possesses the knowledge of and respect for the Constitution that's necessary for all who are on the Supreme Court. He understands the proper role of a justice.
He respects the separate functions of judicial and political branches, when he told the committee that, and I quote, "the role of a practicing attorney is to achieve a desirable result for a client in a particular case at hand. But a judge can't think that way. A judge can't have any agenda. A judge can't have any preferred outcome in any particular case, and a judge certainly doesn't have a client. The judge's only obligation, and it's a solid obligation, is the rule of law. And what that means is that in every single case the judge has to do what the law requires," end of quote.
Alito understands that the judiciary has a role in our system of checks and balances.
GRASSLEY: And I believe, contrary to the fears of some of my colleagues, that Judge Alito will be a check on abuses of power -- and I am not only concerned about abuses of power by the president, but also abuses of power by the Congress -- and that he will, in the end, be an independent judge who will apply the law and the Constitution to every branch of government and every person.
Judge Alito also believes in justice for all, in accordance with the law and the Constitution. And he couldn't have said it any better than when he told us in the hearing, quote, "No person in this country, no matter how high or powerful" -- and I believe that would include the president of the United States; that's parenthetically mine -- "No person high or powerful is above the law, and no person in this country is beneath the law," end of quote.
Not only is Judge Alito an intelligent and experienced juror, he's also open-minded and a fair judge.
He said, quote, "Good judges develop a certain habit of mind. One is the habit of delaying reaching conclusions until everything has been considered. Good judges are always open to the possibility of changing their minds based on the next brief that they read or the next argument that is made by an attorney who is appearing before them or a comment that is made by a colleague during the conference on a case when judges privately discuss that case," end of quote.
GRASSLEY: What other kind of person, if you're concerned about abuse of power by the president of the United States, would you want considering all the evidence if the president went further than the constitutional law allows, or further than the law allows?
Judge Alito recognizes the importance of modesty and humility in the role of justice. He seems to be a man of honor, integrity and principle.
The ethics charges generated by Judge Alito's opponents are completely off the mark, and we have to dismiss those charges.
GRASSLEY: The ABA considered issues such as integrity and ethics when it evaluates any judicial nominee, and in evaluating Judge Alito found him to be unanimously well qualified. The ABA representatives looked specifically at the allegations that were raised and didn't find any merit to them.
Moreover, several leading ethicists from around the political spectrum concluded that Judge Alito acted properly and didn't violate any law. No complaint filed against Judge Alito has ever been validated. And most importantly, people who have worked most closely with him, they all say that he's a man of highest integrity.
Furthermore, contrary to what his misguided critics have alleged, Judge Alito has demonstrated that he will be fair, open-minded, and will approach cases without bias, without personal agenda.
Unfortunately, Judge Alito's record has been widely distorted. The reality is that, contrary to these critics' claims, Judge Alito has ruled for plaintiffs as well as defendants in civil rights, ADA and employment discrimination cases.
What's important to Judge Alito is ruling, then, in accordance with what the law says and what the Constitution requires.
In fact, Judge Alito's record shows that he practices judicial restraint. And this is what we should expect from all Supreme Court justices.
GRASSLEY: Moreover, the committee received many testimonials about Justice Alito, from judges, employees, lawyers who practiced with him, and lawyers who practiced before him. Their verdict was overwhelmingly supportive of a man who will apply the law fairly, will listen to all arguments with an open mind, and they've concluded will be an excellent justice.
So the people who know him best, without reservation, say that Judge Alito is a judge who follows the law and the Constitution without a preset outcome. They all say that he's an independent, fair and open-minded judge, committed to doing what is right rather than committed to implementing a personal agenda. They all say that he's a man of integrity, modesty and restraint.
Judge Alito will be a great justice. He won't be a politician, as maybe some hope, on the bench, legislating from the bench. He won't impose his personal views, as maybe some would want him to do, or fear that he might; but will make decisions as they should be decided, in an impartial manner and in accordance with those laws and the Constitution.
Judge Alito will carry out the responsibilities of a justice in an honorable, fair and effective manner. And we all ought to be proud of being a part of the process that puts a person like this on the courts, just as a lot of us are proud that, even though we disagree with them, there are people of the caliber of Ginsburg and Breyer on the Supreme Court.
So I'm pleased to support Judge Alito to be an associate justice.
GRASSLEY: I hope my colleagues will cast their vote based on Judge Alito's outstanding qualifications rather than on the distorted claims of outside liberal interest groups.
I urge my colleagues, then, to rise above partisan politics, as we have done so often in the case of Judge Ginsburg and Breyer, and support another worthy nominee to this court.
SPECTER: Thank you Senator Grassley.
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