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COURT REPORTER
Scalia Lit — But Good [by James Kilpatrick] In the nomination of Judge Samuel Alito to the Supreme Court, the president has picked an experienced jurist whom Sen. Ted Kennedy describes as “extreme.” That should be enough to assure his confirmation.
The senior senator from Massachusetts
women were entitled to more privacy than
nedy found his five colleagues “unreason-
is not alone in his opposition. Most of the
the judge wanted to accord them — a position
able” and their analysis “misguided.” Rom-
usual suspects have rattled their cowbells
the Supreme Court later upheld.
pilla had received all the legal representation
— People for the American Way, the AFL-
to which the Constitution entitles him. That
CIO, Pro-Choice America, and the Leadership
Evidently, to infer from the press comment
was Judge Alito’s sensible view of the Sixth
Conference on Civil Rights. With enemies like
so far, Judge Alito’s position on abortion will
Amendment. He should have been affirmed.
these, who needs Rush Limbaugh? After the
weigh heavily in his Senate hearing. Other
showboating stops, Alito will be comfortably
cases, both civil and criminal, offer a more
In another case, ACLU v. Schundler (1999),
confirmed.
balanced review. For example, his opinion for
Alito took a sound view of the religious claus-
the 3rd Circuit in the criminal case of Ronald
es of the First Amendment. The question was
Some conservative court watchers doubtless
Rompilla struck some of us as correctly
whether a City Hall display at Christmastime
would have preferred another nominee. I was
decided.
violated the Constitution. True, the yuletide
rooting for either Judge J. Harvie Wilkinson
display included a child, a Mary and a Joseph,
or Judge Mike Luttig from the 4th Circuit.
The Rompilla case involved an especially
but as I recall, the display also was heavily
From the 7th Circuit, either Richard Posner
gruesome murder in Allentown, Pa., in
seasoned with a sled, a few candy canes and
or Frank Easterbrook would have gifted the
January 1988. The victim, James Scanlon,
two scraggly camels. I may have imagined
high court with a vigorous writer. Apart from
had been stabbed repeatedly and set on
the camels. In any event, the judge looked at
the two Lucrezia Borgias who have been
fire. A jury sentenced Rompilla to death,
the show and concluded that the state was
widely mentioned for the high court, other
and the long appellate process began.
not about to be overthrown by the church.
qualified women are serving admirably on
Finally the case went to the 3rd Circuit on
Sound fellow.
lower benches and could have won the presi-
the defendant’s contention that he had been
dential nod.
represented ineffectively by counsel. Judge
In announcing Alito’s nomination on Monday,
Alito refused to accept that argument. He
President Bush described him as “one of the
We take what we can get. Judge Alito has
held that Rompilla had received all the legal
most accomplished and respected judges in
been widely described over the past 48 hours
counsel that the Sixth Amendment demands.
America.” One thinks of Dr. Samuel John-
as a modest man. As Winston Churchill
On appeal the Supreme Court reversed him
son’s reminder that in lapidary inscriptions
remarked of Clement Attlee, the judge has
5-4 and vacated the death sentence.
men are not upon their oaths. On to the hear-
much to be modest about. Since he went on
ings! Let the fishfry proceed!
the bench 15 years ago, Alito has written
In his majority opinion for the high court,
300 substantive majority opinions for the 3rd
Justice David Souter opened his heart and let
(Letters to Mr. Kilpatrick should be sent by
Circuit and perhaps a fifth as many opinions
it bleed: The poor dear defendant had been
e-mail to kilpatjj@aol.com.)
in dissent. On Monday, reporters hustled
brutally mistreated in his Dickensian child-
busily to find a dozen that merited substan-
hood. “There were no expressions of parental
COPYRIGHT 2005 UNIVERSAL PRESS SYN-
tial quotation. Let us be patient.
love, affection or approval. Instead, the
DICATE
boy was subjected to yelling and abuse.” If
This feature may not be reproduced or dis-
Most writers have focused upon Judge Alito’s
Rompilla had enjoyed more effective counsel,
tributed electronically, in print or otherwise
dissent in Planned Parenthood v. Casey , the
Souter held, the death sentence might have
without the written permission of uclick and
major abortion case of 1991. Here he argued
been averted.
Universal Press Syndicate.
in favor of a Pennsylvania law that required women to notify their husbands before
Justice Anthony Kennedy, like Judge Alito
undergoing an abortion. I felt at the time that
below, was made of much sterner stuff. Ken-
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