John Roberts, essentially without a judicial record, sailed through the confirmation hearings. As was probably appropriate. There really wasn't anything to hang on him for being an extremist. Judge Alito is not blessed with an absent record, lack of public disclosures, and inability to string together the words that proclaim "I am an Activist of the Highest Order".
Judge Alito is obviously opinionated. Except when he portrays himself as the coy debutante looking for a full dance card in the Judiciary Committee pre-coronation ball.
Alito should be in trouble. Big Trouble. But he's not, and we should demand that Senators find out why, and make the record more than clear. Where Alito will not speak for himself on his own record, he should be forced to speak or forced out as a nominee.
With then Judge Roberts, there was no obvious peg on which to hang his activist hat. No real record on the bench, and the defense that "I was just representing my client" had to be applied and respected. There was no "there" there.
This time around, not so fast. Judge Alito has done this "failed recall" shtick too often for credibility.
Vanguard? Well, it had been 12 years, and I just didn't think about it. Alito really thinks that dog will hunt.
Vanguard won't hunt. After letters, pressure, and information, he tried to distance his sloppy attention to detail from the reality. He should have recused himself based on the promise made to the committee in his confirmation hearings.
I practiced law for over 20 years. Never, and I mean Never, did I or a client, forget a promise made in the witness chair. First of all, sitting in the Witness chair is an unforgettable experience. Second, when you make a promise under oath, and you are a careful judge, you tend to make sure that systems are in place to ensure your compliance with said promise.
Alito didn't. And that means he's not soooo careful. And not a good judge. The no harm/no foul equation doesn't play, especially in the judging business. It's not about compliance with the Model Rules of Judicial Conduct. It's about the word of Judge Alito.
To me, the word of this judge is suspect. Just on this one issue.
The other reason I am convinced Judge Alito isn't on my hit parade for compliance with promises. He got red-faced, blushing to his hairline, red. And those blushing moments occurred only when trying to convince the Senators he was really careful about details, like keeping his word. Like the Vanguard moments.
Now, will someone, somewhere take this guy to task for not being either candid or truthful? And will someone do it in the hearings? Now?
If the good judge can't keep his memory functioning after extensive questioning about Vanguard 12 years before the case should have been taken from his docket, Alito isn't ready for the Supremes.
The rest of his record seems to be in trouble also. And the Republicans trying to tart up the pig wallowing in the Alito swamp of contradictions should not be allowed to continue. Roberts presented a true stealth candidate. Alito is so far out front in his disparagement of Constitutional requirements and ethical conduct, he should never be confirmed.