Alito says his obligation is to 'rule of law'

WASHINGTON — After weeks of allowing politicians, pundits and the press to speculate about his views, Samuel Alito '72 finally took to the stage today and spoke for himself.

Seated before his wife and children, Alito portrayed himself as a man of humble origins who has a deep devotion to the law.

"A judge can't have any agenda, a judge can't have any preferred outcome in any particular case and a judge certainly doesn't have a client," Alito said in his opening statement before the Senate Judiciary Committee. "The judge's only obligation, and it's a solemn obligation, is to the rule of law."

Alito, who is President Bush's nominee to replace retiring Justice Sandra Day O'Connor on the Supreme Court, also spoke of his time at Princeton, recalling that the University was a "whole different world" from his humble beginnings in nearby Trenton.

"A generation earlier, I think someone from my background probably would not have felt fully comfortable at a college like Princeton, but by the time I graduated from high school times had changed," he said.

And though the University may have changed by the time Alito arrived on campus, he nevertheless offered some criticism of his experience: "I saw some very smart people, very privileged people behaving irresponsibly, and I couldn't help making a contrast between some of the worst of what I saw on campus and the good sense and decency of the people back in my community."

Alito's remarks closed the first day of his confirmation hearings, a scripted four-hour event. Earlier in the day, senators read prepared statements that crystallized the partisan split over the confirmation almost exactly as expected and set forth issues that are sure to resurface throughout the hearings: abortion, executive powers, civil rights and Alito's membership in a conservative Princeton alumni group.

But the most highly anticipated remarks were the nominee's own. Plainspoken, relaxed, at times funny and never looking at his notes, Alito delivered a largely autobiographical speech, speaking of his parents' influence on him, life growing up in Trenton and going on to study at Princeton and Yale Law School.

He set a relaxed tone by sharing a humorous anecdote and made the theme of his speech "how in the world did I get here?" — by which, he added jokingly, he didn't mean to say "I came in on I-95 or by Amtrak."

For Supreme Court nominees, this autobiographical type of speech has been "the tradition ever since [failed Reagan nominee Robert] Bork, who was an austere character and came across as kind of academic figure and not an especially sympathetic one," conservative legal scholar and University politics professor Robert George said in an interview.

"Ever since then, people have taken away a lesson from the Bork loss that you have to humanize the candidate and the candidate has to humanize himself."

Alito "can give the same speech [current liberal Justice] Ruth Bader Ginsberg can give," George added. "The hometown will be different and the ethnic background will be different, but you can make the adjustments and get the same speech."

Fox News Channel senior legal analyst and former New Jersey Superior Court judge Andrew Napolitano '72 agreed, saying that Alito "pretty much took a page from now Chief Justice John Roberts' book by speaking from the heart."

"I thought he did a great job of endearing himself to the members of the committee," he added.

Preceding Alito's speech, senators had ten minutes each to make statements, most of which were previously prepared and none of which bore surprises.

"This is the least consequential day" of the hearings, Napolitano said. "The first day of the hearings you pretty much know what each senator is going to say from statements prior to today."

Democratic senators urged Alito to be forthcoming during questioning, noting his extensive record of comment on controversial issues and the fact that, if confirmed, he would replace the moderate Justice O'Connor, who has often been a crucial swing vote on the court.

"But while every Supreme Court nominee has a great burden, yours, Judge Alito, is triply high," Sen. Charles Schumer (D-N.Y.) said in his opening statement. "I sincerely hope that you will answer our questions, Judge Alito. Most of the familiar arguments for ducking direct questions no longer apply and certainly do not apply in your case."

"For example, the logic of the mantra — repeated by John Roberts at his hearing — that one could not speak on a subject because the issue was likely to come before him quickly vanishes when the nominee has a written record, as you do on so many subjects," Schumer added.

Sen. Herb Kohl (D-Wis.) summarized the theme of the Democratic message in what became one of the sound bites of the day: "Before we give you the keys to the car," Kohl told Alito, "we'd like to know where you're going to take us."

Republican senators, too, underscored the importance of the hearings and said they expected Alito to be frank, though some added that they would support — even defend — what they considered Alito's right not to answer questions about issues likely to come before the court.

"I expect you to adhere to the Code of Judicial Conduct," Sen. Jon Kyl (R-Ariz.) told Alito, referring to a broad set of ethical guidelines for judges that include limits, to ensure impartiality, on what they can say about cases that may come before them.

"And I want you to know that I will strongly defend your refusal to give any indication of how you might rule on any matter that might come before you as a judge or to answer any question that you believe to be improper under those circumstances," Kyl added.

Alito sat expressionless through critical and complimentary opening statements alike, only occasionally nodding or allowing himself a smile.

Some of the senators also mentioned Alito's connection to the conservative and controversial Concerned Alumni of Princeton (CAP), which figured prominently in the run-up to the hearings.

Sen. Ted Kennedy (D-Mass.), who has been the senator to most vocally call for further information about Alito's CAP connection, alluded to the group in his opening statement. (See related story.)

Kennedy said that a 1985 job application of Alito's, where the nominee mentioned his CAP membership, "lays out an ideological agenda that highlights his pride in belonging to an alumni group at Princeton that opposed the admission of women and proposed to curb the admission of racial minorities."

Sen. Lindsey Graham (R-S.C.) also broached the CAP connection in today's hearings, but played down its importance.

"If I'm going to make my decision based on whether or not I agree with the Princeton faculty and administration policies on ROTC students and quotas and I am bound by that, I'll get killed at home," Graham said.

Related:

— Stage set for showdown over Alito (Jan. 8, 2006) — CAP critic dropped from Alito witness list (Jan. 7, 2006) — Alito and CAP (Nov. 18, 2005) — Archive of 'Prince' coverage of the Alito nomination