Lieberman Meets Judge Alito
By Tara Fehr
WASHINGTON, Nov. 8 – Judge Samuel Alito does not believe in ideological labels and calls himself a traditionalist who respects judicial precedents , Sen. Joseph Lieberman (D-Conn.) said after meeting Tuesday morning with the nominee for the Supreme Court.
“It was a good exchange,” Lieberman said at a press conference after the meeting. “He is refreshingly willing to talk about his decisions.” President Bush nominated Alito, a judge on the U.S. Court of Appeals for the Third Circuit for 15 years, by to replace the retiring Justice Sandra Day O’Connor..
According to Lieberman, Alito said that as a traditionalist he believed in “line-drawing on the circuit court,” which was why he was the lone dissenter after Raymond Rybar appealed his conviction for violating federal firearm laws by selling submachine guns.
In his dissent, Alito wrote that federal firearm laws allowing the control of the sale of submachine guns exceeded congressional power under the commerce clause, which authorizes federal regulation of trade among the states.
When asked about his opinion of O’Connor’s “undue burden test” in abortion cases, Lieberman said, Alito would not answer on the ground that he might face that decision in the Supreme Court.
But this is an issue that concerns many Democrats.
“There are important issues I hope that Judge Alito will answer during the confirmation process, including his thoughts on a woman’s right to choose and a commitment to equal opportunity for all,” Sen. Christopher J. Dodd (D-Conn.) said in a press release.
In 1997, Alito voted against Beryl Bray, a New Jersey woman who said a Marriott hotel did not promote her based on race. Alito wrote in his dissent that the hotel committed “minor inconsistencies” in its rules but did not act with intent to discriminate.
Lieberman said the nominee told him the decision, once again, was based on a “line-drawing theory,” which is consistent with how he views the law.
Lieberman said Alito throughout the meeting stressed his respect for precedence, including Roe V. Wade, the 1973 Supreme Court decision striking down restrictions on abortion. Lieberman said he left their meeting encouraged but added that the discussion was not conclusive and that the nomination process will be a challenge.
In the two months before Alito’s Judiciary Committee hearing in January, Lieberman said he will read more of Alito’s decisions and measure the nominee as a person.
“My mind remains open,” Lieberman said.
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