Bench Memos

NRO’s home for judicial news and analysis.

Larry v. Sam


It is crystal clear why Sam Alito, and not Larry Tribe, is about to be confirmed to the United States Supreme Court. The straightforward, concise, even tempered testimony of Judge Alito and his obvious careful judicial temperament could not be further from the scatterbrained, blunderbuss, and evasive testimony of Larry Tribe. Chairman specter let him drone on significantly past his allotted 5 minutes — something no other witness has done as far as I saw — then gently to reminded him he was way past time, yet Tribe continued to bloviate. Tribe also asserted he was neither for nor against Judge Alito. After prolonged vicious and inaccurate attacks on the Judge, Senator specter said “Professor Tribe, you are saying you are not here to testify against Judge Alito?”. Tribe said he would be “hard pressed” to support him. The reason why Tribe wants to misrepresent even his own position (in addition to Judge Alito’s) is a mystery.


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