Bench Memos

Consider Alito Confirmed

This is all the Associated Press gets out of the questionnaire:

Alito says judges must constantly guard against using judicial activism

ASSOCIATED PRESS

By JESSE J. HOLLAND

WASHINGTON (AP) Supreme Court nominee Samuel Alito told senators Wednesday that federal judges must constantly guard against using judicial activism to get the results they want, especially when dealing with the nation’s highest law, the U.S. Constitution.

“Our constitutional system relies heavily on the judiciary to restrain itself,” Alito said in a 64-page response to a Senate Judiciary Committee questionnaire.

“To do this, judges must engage in a continual process of self-questioning about the way in which they are performing the responsibilities of their offices,” he continued. “Judges must also have faith that the cause of justice in the long run is best served if they scrupulously heed the limits of their role rather than transgressing those limits in an effort to achieve a desired result in a particular case.”

In some instances, Alito said, Congress can simply write a new law to blunt the effect of a Supreme Court decision.

“Decisions based on an interpretation of the Constitution, by contrast, cannot be checked in this manner, and a thoughtful appreciation of the nature and essential limits of the judicial function is therefore acutely necessary to protect the democratic values that underlie our Constitution,” Alito said.

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