Life as a Spectator Sport

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Thursday, January 12, 2006

Sidney Rosenthal on Alito's "seething resentments"

Interesting, because that was the impression I had myself, just listening to CNN on the radio. I thought, He sounds like he's really pissed at being put on the spot. Granted, he might be really tired of having to answer some of the same questions over and over agian. But sometimes the truth comes out more clearly when you get only part of the input. Many people have commented on how viscerally they react to seeing Bush speak with the audio turned off, how ugly his facial expressions are when you're not distracted by the words. And in like manner, when I couldn't see whatever pleasant expression Alito's face might have had, the undertone of disdain came through much more clearly in his voice. Here's part of what Rosenthal had to say, in an article on Salon.com (free day membership required):
Few public figures since Richard Nixon have worn their social resentment so obviously as Samuel Alito does. In his opening statement, trying to paint his self-portrait as a self-made man, the bland Alito made a brush stroke of hostility. The son of a middle-class civil servant in New Jersey, he attended Princeton and Yale Law School, which provided him a glide path to success. "Both college and law school opened up new worlds of ideas," he testified. "But this was back in the late 1960s and early 1970s. It was a time of turmoil at colleges and universities. And I saw some very smart people and very privileged people behaving irresponsibly." Despite all the "turmoil" around him, by all accounts Alito spent his university years undisturbed; there was no transforming incident in which he was rebuffed or insulted.

Alito further explained himself in his job application to the Reagan Justice Department. His interest in constitutional law, he wrote, was "motivated in large part by disagreement with Warren Court decisions," "particularly" in the area of "reapportionment." In fact, the Warren Court decisions in that area established the principle of "one person, one vote." Alito's career in the law has been a long effort to reverse the liberalism of the Warren Court.

When Alito served in the Justice Department, he argued that the federal government had no responsibility for the "health, safety and welfare" of the American people (a view rejected by President Reagan); that "the Constitution does not protect the right to an abortion"; that the executive branch should be immune from liability for illegal domestic wiretapping; that illegal immigrants have no "fundamental rights"; and that police had a right to kill an unarmed 15-year-old boy accused of stealing $10, a view rejected by the Supreme Court and every police group that filed briefs in the case. He also wrote a memo arguing that it would be legal for employers to fire and for the federal government to exclude from any of its funded programs people afflicted with AIDS because of "fear of contagion whether reasonable or not."

As a judge, he has ruled consistently for employers against individual and civil rights, and for unbridled executive and police power. Against the majority of his court and six other federal courts, he argued that regulation of machine guns by the federal government was unconstitutional. He approved the strip search of a mother and her 10-year-old daughter although they were not named in a warrant, a decision denounced by then federal Judge Michael Chertoff, now secretary of homeland security, as a "cliché rubber stamp." Alito ruled in favor of a law requiring women to notify their husbands if they plan to have an abortion, which was overturned by the Supreme Court on the vote of Justice Sandra Day O'Connor, who stated, "A State may not give to a man the kind of dominion over his wife that parents exercise over their children."

Alito's decisions and dissents predictably flow from his politics. On the Supreme Court, as O'Connor's replacement, he will codify the authoritarianism of the Bush presidency even after it is gone.
Much was made yesterday of Martha Alito's flight from the room in tears after Lindsay Graham praised her husband. After all the accusations, it was said, she broke down when someone was nice to him. Makes one wonder if she just couldn't stand to hear any more sugar-coated lies.
posted by Liz @ 1:56 PM     |


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