More Hatch on Alito

Sen. Hatch is now saying that because Judge Alito already is a federal judge, he cannot issue advisory opinions. Thus, he cannot speak about how he would decide cases likely to come before the Supreme Court.

Hatch is now referring to the Ruth Bader Ginsburg confirmation hearing in 1993. He says she didn't answer certain questions. He is thus setting up Judge Alito not to have to answer questions about, among other things, abortion.

I don't think it's word-for-word, but Senator Hatch's speech today is very similar to the one he gave at the outset of the confirmation hearing for Chief Justice John Roberts. I remember that, at that time, he pre-defended Roberts and set the stage for Roberts not to have to answer certain questions.

Now Hatch is saying Judge Alito's entire record, not just selective portions of it, must be considered. There are 36,000 pages of material before the Judiciary Committee. "We must apply a judicial, not a political standard, to this record," Hatch says.

Sen. Hatch on Alito

Sen. Orrin Hatch of Utah is now speaking on Judge Alito. He says this nomination is a "debate over the judiciary itself... how much control judges should have over a written Constitution that belongs to the people."

Sen. Hatch then says the right place to start is determine what judges are supposed to do, and then measure Judge Alito against that. Hatch is giving a lesson on civics -- the President nominates judges and then Senate gives advice by giving or withholding consent. That advice is designed to help the President determine whether to actually appoint a judge.

"Judges are not politicians," Hatch says. "Judges must decide cases, not champion causes. Judges must decide legal cases, not pursue agendas. Judges must interpret and apply the law, not make the law."

Judge Alito confirmation hearing begins

The Senate Judiciary Committee just started the Supreme Court confirmation hearing for Judge Samuel Alito of the U.S. Court of Appeals for the Third Circuit. Sen. Arlen Specter of Pennsylvania has just said that Judge Alito's hundreds of published judicial opinions can be read selectively to paint him either as a "flaming liberal" or an "arch conservative."

Personally, I am looking forward to the testimony, on behalf of Judge Alito, of Judge Ruggero J. Aldisert. That should come later this week or early next week.