Bench Memos

NRO’s home for judicial news and analysis.

Durbin Is Already Fibbing


Durbin has only been talking a few minutes, and already he is utterly mischaracterizing Judge Alito’s testimony from yesterday. Durbin just summarized Judge Alito’s testimony on numerous issues as having changed his views since his days as a lawyer for the Reagan administration. False. Judge Alito has not repudiated any views or statements he made in the past. He has simply put them in context: he has explained the critical difference between being a lawyer-advocate and being a judge. Not surprising that Durbin does not understand this, or is willfully ignoring it. He and other liberals want and expect judges to be advocates. Their desire is at odds with Constitution, and with Judge Alito’s long service as an impartial and neutral judge.


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