Bench Memos

Alito’s “Inconsistencies”

Senator Leahy may have telegraphed another line of attack in his opening remarks this morning. Unable to land direct blows on Judge Alito based upon his record, Senate Democratic staff are poring over the transcripts of Alito’s answer seeking to find comments that are inconsistent with his judicial statements or prior opinions. This tactic was used in the Bork nomination when Bork’s opponents accused him of a “confirmation conversion” insofar as he distanced himself from some of his prior work.

Jonathan H. Adler — Jonathan H. Adler teaches courses in environmental, administrative, and constitutional law at the Case Western Reserve University School of Law.

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