Biden: The System’s Kind of Broken
by Pamela LeaveySenator Joe Biden was on the Today Show this morning talking about the Alito nomination hearings. The point he made, was what’s the point… “Supreme Court nominees are so mum about the major legal issues at their Senate confirmation hearings that the hearings serve little purpose and should probably be abandoned.”
“The system’s kind of broken,” said Biden, a member of the Judiciary Committee considering the nomination of Judge Samuel Alito.
“Nominees now, Democrat and Republican nominees, come before the United States Congress and resolve not to let the people know what they think about the important issues,” such as a president’s authority to go to war, said Biden.As the committee headed into its fourth day of hearings on the Alito nomination, Biden told NBC’s “Today” show that a better solution might be to skip hearings and send nominations straight to the Senate floor for a vote.
“Just go to the Senate floor and debate the nominee’s statements,” the Delaware senator said, “instead of this game.”
That was once standard practice. Until 1925, Supreme Court nominees were not expected to testify before a committee, and their nominations were sent straight to the floor, according to the Senate Historical Office.
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I am so mad that the MSM is painting the Democrats as horrible people simply because we want to know what this guy is thinking.
So what if Alito’s wife cried. I cry all of the time, too, over good things and bad. It doesn’t mean they were being awful.
Janet
It was my understanding that she didn’t actually cry until Graham asked him if he was really racist bigot. He was referring to stuff Dems had said in their questioning and trying to make the point that Dems had gone too far, but no Dem called him a racist bigot. That said in my opinion Graham made her cry.
This notion that Graham made Alito’s wife cry is pathetic. The man was apologizing for the unacceptable behavior demonstrated by the democrats on the committee. Kennedy implied Alito was a racist. That’s completely false.
Democrat attempts to put Judge Alito in a KKK hood. Teddy (You say “Alito,” I say “Alioto”) Kennedy claimed:
In an era when America is still too often divided by race and by riches, Judge “Alioto” has not written one single opinion on the merits in favor of a person of color alleging race discrimination on the job. In fifteen years on the bench, not one.
Alito’s civil rights record:
Judge Alito repeatedly has ruled for plaintiffs in employment discrimination cases when the law calls for such outcomes.
* In Zubi v. AT&T Corp., 219 F.3d 220 (3d Cir. 2000), Judge Alito dissented from the majority’s holding that a man who claimed he was fired because of his race could not sue in federal court. According to Judge Alito, the plaintiff was entitled to sue because a longer statute of limitations applied. The Supreme Court later vindicated Judge Alito’s dissent. See Jones v. Donnelly & Sons Co., 541 U.S. 369 (2004).
* In Goosby v. Johnson & Johnson Medical, Inc., 228 F.3d 313 (3d Cir. 2000), a race and sex discrimination case, Judge Alito reversed the district court’s decision to grant summary judgment to the defendant employer. The Third Circuit ruled that the plaintiff, a black woman, had introduced enough evidence to call into doubt the employer’s explanation for why she was given lower-quality assignments.
There are a dozen more cases like that which show the Alito voting in favor of “people of color”. Now it appears that since Alito did not write those opinions, they don’t count. From Byron York in the Corner on National Review Online we read:
ALITO AND RACE, PT. 2 [Byron York]
From the liberal think tank Center for American Progress, an e-mail on Ted Kennedy’s statement that “Judge Alito has not written one single opinion on the merits in favor of a person of color alleging race discrimination on the job.” “The operative word here is ‘written,’” the e-mail says. So it appears that the Kennedy argument is not that Alito has not voted in favor of minority rights in cases of persons of color alleging race discrimination on the job — Republicans have cited four cases in which that happened — but that he has not written those opinions.
Of course, Kennedy was expecting that everyone listening to his bloviation would ignore the distinction between voting and writing. His disingenuousness was not limited to this. He also quotes Cass Sunstein’s analysis of Alito’s opinions, and says that 84% of his “dissents” favored corporations over “the little guy”. How many of his concurring opinions? No mention of that, since it does not help his misrepresentation of the nominee’s record.
Why was Alito, with his great legal mind, not remembering what CAP was all about? And if he is so brilliant, why did he not know what that organization was all about before he joined? Or before he put it on his resume?
I would like to know because CAP did not want minorities and women at Princeton and that bothers me–a lot.
No matter how you come down politically, Mr. Alito showed no emotion or heart in the entire process. Yes… he knows the law, yes…he has served many years as a judge, yes…he went to the right schools and knows the right people. End the end, we (as Americans) want a judge that can more sincerely recognize mistakes that he/she may have made and who overwhelmingly understands the effect the courts have on the lives of everyday Americans. We know he cannot state how he would rule, but he can show some inherent qualities of concern and humanity. He came across as rigid and so strict to the “facts” that his behavior and answers seemed more often robotic. When referring to the case where a search of the 10-year old girl was analyzed he said something like…yes, that was an unfortunate circumstance (not direct quote)…UNFORTUNATE CIRCUMSTANCE! Would you really want your fate in his hands. I know there’s a heart in there somewhere? Maybe not?
Some of the online MSM already stating confirmation is likely and filibuster unlikely. Some liberal bloggers are upset with this and seem to be upset that Dems can’t get more done to stop this confirmation. Any recommendations about what more the Dem leaders can do?
Sickof spin is spinning his own. There is a difference between overt racist speech and voting against because of race, and, as damaging, what Alito practices. That is, not hearing or including evidence/opinion which could positively impact and address grievances of the individual(s) harmed by corporations or government.
DAS, I sense foregone, also, and as much because the public doesn’t understand a lot of what has happened in just a few years about our rights, and use of fear. Whatever happens will be to the other person, or someone who deserves whatever the bad judgment. That same misinformed voting public in November of ‘04 are as clueless to the far right manipulation.
A firebrand of the ACLU in NY also said foregone. Very difficult to paint as dangerous and filibuster, and have the public understand, or any GOP to vote with us. The wacko, far right vote, elects all the GOP.
When people talk about a Souter transformation, hard to see when they may well have permanent power due to the media and voting, and liberal self-destruct.
SickofSpin
We’re all sick of the type of spin you are spinning here too. We’re not buying. Thanks for sharing.
Good points Marjorie G. Difficult pill to swallow. No matter, the march continues and we can’t become silent as many wish.
For fellow C-SPAN junkies, the interviews of ABA and Alito’s fellow circuit colleagues has some interesting info going on now. Looks like eventhough they (ABA) gave him highest rating, they still had some inconclusive findings regarding the Vanguard situation as well as whether he leaned too strongly toward the “establishment” instead of the “little guy” in his rulings. They seemed to accept (or give him the benefit of the doubt) on these matters including him not recollecting the CAP affiliation or how the Vanguard info was not listed on his recusal list, etc… This stuff is important but too bad it is not as attention grabbing for many to notice. For those interested, it does allow the Dem Senators some more opportunity to question.
I still can’t believe someone finds it ethical for his circuit colleagues to even appear during this hearing. From what I’ve heard this has never been done before. Well, I guess there is a first for everything…even a wife becoming overwhelmed to tears that her husband had to defend his record during confirmation hearings.
At this point, I think I’m worried about what will happen to the investigation of the wiretapping. If it is found illegal (which I think will happen) Bush will take it to the Supreme Court.
One Nation, Under Surveillance
So help me George Bush!! YUCK!!!! I’m gonna get sick!!
DAS From San Diego writes: “No matter how you come down politically, Mr. Alito showed no emotion or heart in the entire process.”
That was really the funniest part of the Graham weepfest yesterday. While he was weeping and Alito’s wife was weeping, Stoneface Sam just sat there. How does the guy just sit there and not turn around and console his wife? Unless, of course, the whole thing was a ruse. Talk about your Crocodile Tears.
As to Sickofspin’s comments re Alito’s civil rights record: thanks for posting the names of the *two* cases he ruled in favor of plaintiff in employment discriminiation. The other hundred or so he came down *against* the plaintiffs.
I thought something similar. Though I wouldn’t have voted for him Roberts smiled and was animated in conversation and altio couldn’t remember a blame thing he did 20 years ago or several of the cases that were mentioned. So what if you hadn’t read a certain case. if you are given the description anyone with common sense are to be able to say if this was done and that was done I would rule this way.
I’ve never liked lindsey graham and all this going on about him and mccain and the anti terror bill is just window dressing for both men.
This hearing from what I saw was pathetic. Altio dodged more questions and in the times I tuned in to Cspan I never heard him give one straight answer.