Senator: Kyl
SPECTER: Senator Kyl?
KYL: Thank you, Mr. Chairman. My role here today, I submit, should be modest.
KYL: The question for this committee is whether Judge Alito is qualified, is a man of integrity and understands the judicial role as distinct from the legislative or executive role.
It is impossible for anybody here to say that Judge Alito does not meet those tests. He deserves confirmation.
Samuel Alito is one of the most qualified men or women every to come before be the Senate. He has more federal judicial experience than any nominee since the Taft administration. He's been a prosecutor, a Supreme Court advocate, a constitutional expert. He's been a devoted and patriotic public servant with an undeniable love of country, respect for the Constitution and devotion to the rule of law.
Judge Alito brings more appellate qualification to the table than any other sitting Supreme Court justice when nominated.
His integrity is beyond reproach. That was the unanimous conclusion expressed by his fellow judges who testified in support of his nomination.
I will note that the testifying judges had collectively served with him for more than 60 years. The ABA not only rated Judge Alito unanimously well qualified but it wrote the Judiciary Committee a letter noting that every single person it interviewed, more than 300 people, agree that Judge Alito is a man of high integrity.
And Judge Alito understands the judicial role as opposed to the legislative or executive role. He made this clear in his testimony repeatedly; for example, by explaining that unitary executive had nothing to do with the scope of executive power, but rather who within the executive branch had the ultimate authority.
KYL: He believes in judicial restraint, and he respects the superiority of the legislative branch to make policy decisions.
There is not a trace of judicial activism in his opinions; just an earnest effort to get the law right and to apply precedent fairly within the rules of stare decisis.
But in this vein, most important is what his fellow judges have said about him. Who knows better what kind of judge Samuel Alito is and what he thinks, for example, about prejudice?
Should we listen to Former Judge Tim Lewis, the African American civil rights and human rights lawyer who served side by side with Judge Alito for seven years and enthusiastically supports his nomination?
In supporting Judge Alito, Judge Lewis testified, "I cannot recall one instance during conference or during any other experience that I had with Judge Alito -- but in particular during conference when he exhibited anything remotely resembling an ideological bent."
Should we listen to former Judge John Gibbons, who represents Guantanamo Bay detainees in lawsuits against this administration, but who believes that Judge Alito will give those litigants careful and thoughtful consideration without any predisposition in favor of the position of the executive branch?
Should we listen to the recommendations of the other four 3rd Circuit Court judges who testified in support of his nomination after having served with him for so many years?
Mr. Chairman, I was troubled by a concern expressed by the distinguished ranking member, who said that the president should be a uniter, not a divider.
And I understand the senator's criticism of President Bush. That's not surprising. But why is this committee divided over Judge Alito?
KYL: It cannot be because of his qualifications or temperament but only because our Democratic colleagues don't think he will vote the right way, the way that they think he should, on some cases.
For over 200 years, we have applied a different test in this committee. Otherwise, the courts are simply another kind of legislative branch, something that the late Lloyd Cutler warned us against when he testified before this committee.
I fear a very bad precedent is being set today, a precedent that a unanimous minority will oppose a nominee on political grounds, not because the nominee is in any way unqualified.
Republicans did not apply that test to Justices Breyer or Ginsburg.
And I say precedent because it is simply unrealistic to think that one party will put itself at a disadvantage by eschewing political considerations while the other party almost unanimously applies such considerations.
So I say to my Democratic friends, think carefully about what is being done today. Its impact will be felt well beyond this particular nominee.
Judge Alito deserves a "yes" vote from every member of this committee.
KYL: He's earned that support, and I believe the committee owes it to him.
SPECTER: Thank you, Senator Kyl.
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