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November 02, 2005


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Does volume of opinions (I hear 300 over 15 years) suggest the dissents might have been used a bit to give clerks a chance to show their stuff (and not as vehicles to express philosophy)? Could be interesting to hear how he used clerks.

Also interesting would be some description of how he managed to lose a 15 month trial against 20 mafioso. Must have been a serious psychic trauma, if it was largely "Alito's baby" from start to finish. That experience might help explain his subsequent tendency (if it is a tendency) to genuflect toward authority vs. the individual.

Tendency to defer by reflex to authority gives cause for concern about how he might rule on a Hamdan case, or a case about legality of CIA torture chambers, yes?

Jonathan M

What do you think about this article re: his image as an abortion advocate?


Louis Proyect

In 1986, Alito helped write a opinion that employers could legally fire AIDS victims because of a "fear of contagion, whether reasonable or not." Alito honed a new edge to the notion of strict constructionism by arguing that the employers were justified in so doing because discrimination based on insufficient medical knowledge was not prohibited by federal laws protecting the disabled.

full: http://www.counterpunch.org/cockburn11022005.html


You wrote that you have focused upon Judge Alito's dissenting opinions. How do his concurring opinions contrast to his dissents? Over on SCtNomination (http://www.sctnomination.com/blog/archives/candidates/alito) his opinions appear, while conservative, to also take into consideration issues such as feminism (Fatin v. INS), homosexual discrimination (Shore Regional High School Board of Education v. P.S., 381) and habeas corpus (Williams v. Price). Is he as far right as you might have depicted in your interview to NPR?

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