In todayโs anti-Alito editorial, the New York Times once again draws an inaccurate caricature of Judge Alitoโs record. Many of the distortions have been addressed on Bench Memos before, but hereโs a new one. The Times claims that โAs a Reagan administration lawyer, he argued that Congress did not have the power to pass the Truth in Mileage Act to protect consumers from odometer fraud.โ This is not quite true. In the memo, Judge Alito urged President Reagan to veto the Truth in Mileage Act because the federal government โshould notโ intervene in local used car sales, not that the federal government โcan notโ do so. The memo was also explicit that Alitoโs recommendation was based upon the Reagan Administrationโs advocacy of principles of federalism. It also noted that the bill was unnecessary because 45 states already had equivalent laws in place. This is abundantly clear from reading the memo (available here), but would be an understandable if the Times relied instead upon the materials released by activist groups instead. Is that how the Times researches its editorials?
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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