Date: January 12, 2006
Senator: Specter
Topic:
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SPECTER: Thank you very much, Senator Coburn.
The question has been raised as to precedents. And Senator Cornyn has addressed that. And it's worth mentioning just a few, that former Chief Justice Burger testified for Judge Bork, District Judge Craig testified for Chief Justice Rehnquist, District Judge Tanner testified for Justice Thomas. The canons, specifically 4B, of the conduct of U.S. judges makes a specific allowance for this kind of a situation. Quote, "A judicial experience provides special expertise to the area."
And it is certainly obvious that the insights which you judges have to Judge Alito's background is unique. When you talk about what goes on in those conferences, you're the only ones who are there. And you have much more insights as to the opinions he has written that you have worked with him on.
We have 30 witnesses who are coming in, and that has been a traditional part of the process, but I know of no situation where witnesses have more to say which is relevant and weighty. Perhaps weight is the best evidentiary characterization of what you've had to say.
A lot of things can be relevant. Especially where you have the issue which has been before this committee as to Judge Alito's agenda or Judge Alito's approach or Judge Alito's personal views dominating his judicial determinations, this panel is right on the head.
SPECTER: And it has been an unusual panel, but that's really not a strike against the practice. It may be a precedent for the future and it, I think, will be a good precedent.
But whenever you try something new, there are differing voices, but I think it's an extraordinary contribution which this panel has made to this process.
So, Judge Becker, former Chief Judge Becker, Chief Judge Scirica, Judge Barry, Judge Aldisert, Judge Gibbons, Judge Lewis and Judge Garth from Phoenix, Arizona -- you lucky fellow -- we thank you all very much for coming in.
We're going to take only a 10-minute break now. I didn't have a chance to discuss it with Senator Leahy.
But we do not have the situation where Judge Alito is on the stand and he needs a little longer break. We'll have fresh witnesses and tired senators.
Ten minutes. We'll resume at 5:20.
(RECESS)
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