The second time's a charm.
On Oct. 31, President Bush nominated Judge Samuel Alito to fill the
Supreme Court seat that will be vacated by retiring Justice Sandra
Day O'Connor. Alito is an excellent choice, because of what he'll
likely do on the court -- and what he likely won't do.
Alito is a known quantity, with 15 years experience as a judge on
the U.S. Third Circuit Court of Appeals. And he has a breadth of
other experience that makes him impeccably well qualified for the
Supreme Court; indeed, he has more federal judicial experience than
105 of the 109 Supreme Court justices had when they were
appointed.
But the most important thing to know about the soft-spoken judge
from New Jersey is that he understands the proper role of a judge.
His record indicates he won't make law -- he'll interpret the laws
as written, rather than how he wants them to be. It's also clear
he'll remain faithful to the actual meaning of the Constitution,
instead of stretching it to mean whatever he wants it to
mean.
How can we know that? Because even those who disagree with Alito
politically say that's what he'll do.
Former federal Judge Timothy K. Lewis is a liberal who has worked
with Alito on the Third Circuit. He told The Los Angeles
Times that Alito "is not result-oriented. He is an honest
conservative judge who believes in judicial restraint and judicial
deference."
Lewis isn't alone in that view. He also related a conversation he
had with Judge A. Leon Higginbotham Jr., a legendary liberal judge
in his day. "Sam Alito is my favorite judge to sit with on this
court," Higginbotham told Lewis in 1992. "He is a wonderful judge
and a terrific human being. Sam Alito is my kind of conservative.
He is intellectually honest. He doesn't have an agenda."
Kate Pringle, a former Alito law clerk, told the Times,
"He was not, in my personal experience, an ideologue. He pays
attention to the facts of cases and applies the law in a careful
way. He is conservative in that sense. His opinions don't
demonstrate an ideological slant." Pringle has known Alito since
1994. And, by the way, she says she voted for John Kerry last
year.
Alito's selection should come as no surprise. He's exactly the sort
of person President Bush has long promised he'd nominate. "I'll put
competent judges on the bench, people who will strictly interpret
the Constitution and not use the bench for writing social policy,"
he vowed during a presidential debate with then-Vice President Al
Gore on Oct. 3, 2000. "I believe that the judges ought not to take
the place of the legislative branch of government, that they're
appointed for life and that they ought to look at the Constitution
as sacred."
Of course, Alito also has plenty of admirers on the right. Former
U.S. Attorney General Edwin Meese, now the chairman of the Center
for Legal and Judicial Studies at The Heritage Foundation,
describes Alito as "a humble man with the highest integrity, an
even temperament, and a sound judicial philosophy. In his actions
as a lawyer and a judge, he has shown careful and consistent
fidelity to the Constitution and laws as written, without injecting
bias or personal preferences." Countless other conservatives are
supporters as well.
In the years to come, Samuel Alito will participate in hundreds of
cases. There will undoubtedly be some in which we disagree with the
outcome. But we can be confident that Alito -- like Bush's other
recent pick, John Roberts -- will have reached his conclusions
through careful study of the law and careful application of the
Constitution.
That's why both men were excellent choices -- and why Alito
deserves to receive the wide support from both conservatives and
liberals enjoyed by now-Chief Justice Roberts.
Ed
Feulner is president of The Heritage Foundation
(heritage.org), a Washington-based public policy research
institute.