The Alito Hearings: Day Two

Posted on January 11, 2006

Day Two of the Alito confirmation hearings was a little more exciting than Day One. To sum up some of the day's major matchups:

Kennedy vs. Alito: Senator Kennedy focused mostly on Judge Alito's membership in CAP -- the so-called Concerned Alunni of Princeton. That's the fringe activist group that has been denounced in public in writing by the other famous members, such as Senator Frist. It existed to protest the admission of women and minorities to Princeton. First Alito couldn't remember his time with the organization, then he said he didn't agree with any of the group's racist aims which he "abhorred." Then he tried to say he joined the group because of its support of the ROTC in the ROTC Coroversy (there was a debate in the 70s whether Princeton should have a ROTC program), but it turns out that controversy was long dead by the mid-80s when Alito joined the group and that the ROTC was firmly ensconced on campus.

Kennedy wondered how Alito could recall so little of his time as a member of CAP, but still remembered to brag about being a member on his job application to work in the Reagan Administration justice department.

Kennedy won that round.

Kennedy vs. Specter: Senator Kennedy made a motion that the committee go into executive session to consider issuing a subpoena to the Library of Congress to get all the CAP documents to see how involved Judge Alito really was in the organization. Specter claimed that he never got Kennedy's letter asking for the documents and alleged that Kennedy failed to bring it up when they worked out together at the gym. After some arguing back and forth over whether Kennedy sent Specter a letter or not, a search of Specter's desk turned up the letter. In short: Kennedy will be getting the documents.

Kennedy won that round.

Orrin Hatch vs. Orrin Hatch: Senator Hatch came out swinging with the big fat softballs, so much so that even his colleagues teased him about it. He stopped just short of leaping across the table and giving Justice Alito a big bear hug to show how much he adores Alito. Here's a sample:

For example, after Sen. Patrick Leahy, D-Vt., quizzed Alito on his participation in the group Concerned Alumni of Princeton - a group criticized for its opposition to increased enrollment of women and minorities at Princeton University - Hatch came to Alito's rescue. He pointed out Alito was not a founder of the group, nor was he a board member.
"Let me just ask you directly, on the record," Hatch said, winding up for the big pitch. "Are you against women and minorities attending colleges?" Spectators chuckled at the question. Leahy razzed the Utah senator: "Tough question, Orrin." On the record, Alito said he did not oppose minority or women enrollment. "You know, I felt that that would be your answer. I really did," Hatch said

Orrin Hatch lost that round... to himself.

Mrs. Alito vs. The Judiciary Committee: Apparently distraught that the mean Senators dared to question her husband's constitutional beliefs, Mrs. Alito ran out of the hearing, weeping, which confounded everyone. I mean, this wasn't the Clarence Thomas hearings in which a woman accused Justice Thomas of unspeakable acts of perversion in the workplace. This was a dull, dry exchange about documents, executive privilege and whether there is an implied right to privacy in the U.S. constitution. Toughen up, Mrs. Alito: at least wait till they get to the questions about how your husband believes a wife must ask her spouse's permission before exercising her right to choose. Then you can cry.

Mrs. Alito lost that round, which is especially impressive considering she's not a) a member of the Judiciary Committee or b) been nominated to serve on the Supreme Court.