Watching the hearings on the confirmation of Judge Samuel Alito, Jr., I could see the fear in the faces of the leaders of women and minorities groups who were testifying. Judge Alito will be a very conservative member of the Supreme Court. If he had served on earlier courts that increased rights of women and minorities, the outcomes probably would not have been as favorable to women and minorities. The progress made by women and minorities could take a step backwards when Judge Alito is confirmed (a foregone conclusion).

The judge has a good memory. He bragged about his membership in a Princeton University group (that favored the children of Princeton University graduates over minority quotas on a job application) but now conveniently forgets about his involvement with that group. Examination of the groups records do not mention Samuel Alito, Jr. It is in his favor that they dont. But why would this Judge with all of his integrity brag about his membership if he had not made a contribution to the group?

As the minority and women panel testified, Judge Alito will not rule against them because of his lack of integrity. He will rule against them because he is politically conservative. He will interpret the law according to his views, as does every other justice of the Supreme Court. In doing this, he will be fair according to his interpretation of the law. He will study past precedents and if the opportunity presents itself, he will overrule if he can interpret the law according to his political beliefs. That is a fact of life and that is why presidents have always tried to stack the Court.

If a minority discrimination case against Wal-Mart came to the Supreme Court, how would Judge Alito rule? (The senators seem to like these hypothetical cases.) He would rule according to law and his political thinking.

I believe that he favors big business. I believe that he does not favor minorities over the rest of the population.

Lets see now, how would that case come out?

If Judge Alito can be fair and within Court guidelines (to make judgments only based on law rather than personal opinion) he likely would favor Wal-Mart. The fact that Wal-Mart has an unfavorable public image would not be considered by Judge Alito.

Senator Joseph R. Biden, Jr. of Delaware thinks the hearings are of little value and that the confirmation should be carried out on the floor of the Senate. I think it is a good warm up before the big show. (I also think that the members of the House and Senate should be seated according to their seniority, the old guys in back where they can sleep and the new guys up front where they can learn. That way Democrats would have to sit next to Republicans. A nudge in the ribs might make some senators and representatives think better.)

The Supreme Court needs to be balanced.

Over time it is on the average.

Its the blips that kill us.

The End