Cornyn’s office sends this out:
Sen. Biden is raising concerns with Judge Alito’s dissent in a 1997 racial discrimination case, Bray v. Marriot.
Here’s the rest of the story:
Although it is true that Judge Alito rejected the racial discrimination claim in that case, in doing so he voted to affirm the district court judge, Marryanne Trump Barry. Judge Barry was later nominated by President Clinton to the Third Circuit—Sen. Biden joined a unanimous Senate in confirming her even after her decision in this case. She was confirmed in the Senate by unanimous consent on September 13, 1999 — after Sen. Lautenberg (D-NJ) gave glowing remarks supporting the nomination (Congressional Record, pgs. S10773-S10774). Not a single Democrat—including Sens. Biden, Kennedy, Durbin, and Schumer—recorded opposition to her nomination.
In addition, the majority’s decision in Bray rested on the Third Circuit’s opinion in Sheridan v. DuPont, another decision from which Judge Alito dissented, and which Sen. Biden is raising in the hearing. But Judge Alito’s dissenting views in Bray and Sheridan were ultimately vindicated by a unanimous Supreme Court in Reeves v. Sanderson. In an opinion by Justice O’Connor (Senate Democrats’ favorite justice lately), the Supreme Court adopted Judge Alito’s view and rejected the view of his colleagues on the Third Circuit.





Comments