Some Thoughts on Alito

Based on reports from As CNN, MSNBC, and NPR, the Alito confirmation hearings weren't much to observe. Once again, we Americans were served up another dose of lofty language talking about the role of judges to be impartial in ruling on cases one-by-one based on the merits and the facts. Which is all fine. At least a nominee like Alito knows to say the right things. But I agree with Senator Joseph Biden (D-DE) who has described hearings likes these as "kabuki dances."

I agree that prospective justices and judges shouldn't say how they would rule on a particular set of facts before the case even comes to them. However, I'm not so sure that I'm sold on the idea that judges can't speak freely about past decisions of the court or be more expressive about their judicial philosophy.

But even if we accept that they won't answer questions about hot issues, it would at least be nice for the Senate Judiciary Committee to probe the nominees to discover whether the nominee has the intelligence to be a justice or judge. If courts are the venue for seeking the truth, and the Supreme Court is the venue for determining what is acceptable under our federal Constitution, then I would feel much better knowing that the justice is smart and a good analyst. And I would hope that those skills would lead the justice to honest views on the Constitution.

Of course, I do not dismiss that personal values and political philosophy play a role as well. We all see things from a particular vantage point. It just seems better to me to have a smart ideologue on the court rather than a stupid one. I can respect a judicial decision I do not agree with if it at least has some logic and coherence.