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A Tale of Two Justices (The "Scalito" slogan is a joke that masks more than it reveals)
The Weekly Standard ^ | October 31, 2005 | Matthew Continetti

Posted on 10/31/2005 4:02:29 PM PST by RWR8189

THE ONE THING people seem to know for sure about Samuel Alito is his nickname: "Scalito." The name is meant to denote Alito's similarities to associate Supreme Court justice Antonin Scalia, whom the Senate confirmed, on Ronald Reagan's urging, to the Court in 1986. It's a catchy moniker, and rolls off the tongue, and may, if the media takes its cues from the press release manufacturers at the Democratic National Committee, become the catchphrase of Alito's upcoming Senate confirmation hearings.

Which would be a shame. The nickname is misleading. The two men may share a vowel at the end of their last name. But, needless to say, they're different people.

I, too, in case you haven't noticed, have a vowel at the end of my name, and so I find myself obliged, as a strange point of ethnic pride, to point out Scalia and Alito's differences. From what I can tell, the two men have three things in common. Both are Italian. Both are conservative. And both are known for penning dissents.

This is where the similarity ends. There's the difference in age: Scalia, 69, is from a different generation than Alito, who was born in 1950. There's the difference in education: Scalia is a graduate of Georgetown and Harvard; Alito, Princeton and Yale. There's the difference in résumé: Though he served in both the Nixon and Ford administrations, when he was nominated by Reagan, Scalia was primarily known as a legal scholar who had taught at the University of Virginia, the University of Chicago, Georgetown, and Stanford. Alito's background in government is deeper than Scalia's, his ascent to the Court faster. A U.S. attorney in the late 1970s, he was a fixture in the Reagan administration, serving in both in the Solicitor General's office and the Office of Legal Council before his appointment to the Third Circuit Court of Appeals in 1990.

There's the possible difference in legal philosophy. Scalia is best known for his originalist, textualist approach to the law, as outlined in his manifesto A Matter of Interpretation. Alito, a strict constructionist, seems more open to various approaches to the law. And there's the difference in judicial demeanor: On the bench Scalia can be taciturn, biting, his penetrating mind burrowing immediately into the illogic of an attorney's position. Alito, we are told, is more deferential; his knife is less pointed.

Where did the nickname "Scalito" come from? It is hard to say. I searched the Lexis-Nexis database and found the first reference to "Scalito" in the December 7, 1992 National Law Journal. "Judge Alito is described by lawyers as exceptionally bright," reported Joseph A. Slobodzian, "but much more of an ideologue than most of his colleagues. It's a trait that as led some to nickname him 'Scalito' after the acerbic Supreme Court Justice." References to Alito as "Scalito" have always been in the passive tense: "some say," "has been," "is referred to." No one, until now, seems to have gone on record with the name.

They probably shouldn't. "Scalito" is a slogan; a joke of a name that masks more than it reveals. It folds one man's record--Alito's--into the liberal caricature of another--Scalia. And it reduces Alito to his ethnicity and his conservatism.

Almost forgot: There's one other thing Scalia and Alito have in common. Both were appointed by Republican presidents to courts famous for issuing liberal rulings. As a consequence both judges became famous for dissenting in a reasoned and well-written manner.

Of course, if President Bush has his way and Alito becomes the second Italian American in 20 years to sit on the U.S. Supreme Court, the two judges may not be penning dissents for long.

Matthew Continetti is a staff writer at The Weekly Standard.


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events; Politics/Elections
KEYWORDS: alito; antoninscalia; bush43; samalito; samuelalito; scalia; scalito; scotus

1 posted on 10/31/2005 4:02:31 PM PST by RWR8189
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To: RWR8189
Of course, if President Bush has his way and Alito becomes the second Italian American in 20 years to sit on the U.S. Supreme Court, the two judges may not be penning dissents for long.

Sounds good to me.

2 posted on 10/31/2005 4:04:29 PM PST by Cicero (Marcus Tullius)
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To: RWR8189
And it reduces Alito to his ethnicity and his conservatism.

I'm not sure that is all that terrible...

3 posted on 10/31/2005 4:10:08 PM PST by andie74 (A charter member of "Italians for Alito")
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To: Cicero

Alito + Roberts + Scalia + Thomas +OneMoreTrueConservative = Good Stuff.


4 posted on 10/31/2005 4:14:51 PM PST by Giant Conservative
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To: RWR8189

May the last sentence its way to God's Ears.


5 posted on 10/31/2005 4:15:28 PM PST by hershey
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To: RWR8189
Wouldn't Alito become the second Italian-American justice in 216 years? None of the other justices, apart from Scalia, have names that look Italian. (Cardozo was of Sephardic Jewish ancestry.) Unless someone else had a mother of Italian ancestry, Alito would be the second ever.
6 posted on 10/31/2005 4:26:15 PM PST by Verginius Rufus
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To: RWR8189

Having most recently insulted millions of Catholics and driving more into the GOP, The Moonbats at MoveOn.Org and Chuckie Schumer decide to work on Italian Americans.


7 posted on 10/31/2005 4:26:31 PM PST by CT
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To: RWR8189
The two men may share a vowel at the end of their last name.

? S-C-A-L-I-A. --- A-L-I-T-O.
8 posted on 10/31/2005 4:31:27 PM PST by TeenagedConservative
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To: CT

"Having most recently insulted millions of Catholics and driving more into the GOP, The Moonbats at MoveOn.Org and Chuckie Schumer decide to work on Italian Americans."

This morning, I heard basically the same comment from a fellow, who calls himself a Greek Ortho Catholic and a Moderate in politics. He said the rats could drive away millions of voters on the Eastern Seaboard and on the left coast if they bash this good man for being a Catholic.


9 posted on 10/31/2005 4:34:51 PM PST by Grampa Dave (MSM pseudo reporters use "could, may, and might" when they are lying and spinning.)
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To: RWR8189
I know one thing, "Scalito" thinks we should all have MACHINE GUNS (I like this guy).

US v Rybar

I kidding 'sort of'.

He wrote the dissenting opinion in Rybar and that by the precedent set in "Lopez" the majority erred and also by Lopez, Congress really overstepped its bounds when it outlawed "Machine Guns" (which I did not know) under their Commerce Clause powers. (Scroll down to the end for his opinion)

I read the whole thing and I think Scalito, aka Machine Gun Sam, likes saying "Machine Gun". He uses it a gazillion times.

10 posted on 10/31/2005 4:35:12 PM PST by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
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To: TeenagedConservative

They said a vowel, not the same vowel. At least I guess that was what was meant.


11 posted on 10/31/2005 4:37:43 PM PST by Always Right
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To: Always Right

That's really stretching, lol.


12 posted on 10/31/2005 5:10:57 PM PST by TeenagedConservative
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To: Cicero

One more Italian on the USSC and they'll be calling in the FBI which we all know stands for "forever bothering Italians."
Ciao


13 posted on 10/31/2005 5:13:58 PM PST by Phinanceguy
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To: Cicero

One more Italian on the USSC and they'll be calling in the FBI which we all know stands for "forever bothering Italians."
Ciao


14 posted on 10/31/2005 5:14:11 PM PST by Phinanceguy
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To: Phinanceguy
Fave acronym (from Newark, NJ in the 1960s):

Mafia= Mayor Addonizio's Friends in Action.

15 posted on 10/31/2005 5:17:33 PM PST by Clemenza (In League with the Freemasons, The Bilderbergers, and the Learned Elders of Zion)
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To: RWR8189
, if the media takes its cues from the press release manufacturers at the Democratic National Committee,

Don't they always? Heck I thought they are the PR department of the DNC.

16 posted on 10/31/2005 5:35:46 PM PST by El Gato
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To: RWR8189

I've heard this so-called nickname bandied about all day long, and it sounds to me like it is simply a way to begin to smear this man about his Conservatism. NBC News tonight was quick to point out the similarities between Alito and Scalia, specificaly that they are both Itralian (gasp!) and Catholic (PAPISTS!!).

There is nothing respectful about that nickname.


17 posted on 10/31/2005 6:27:48 PM PST by Bean Counter (Stout Hearts!!)
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To: CT
Having most recently insulted millions of Catholics and driving more into the GOP, The Moonbats at MoveOn.Org and Chuckie Schumer decide to work on Italian Americans.

Are they two different groups?

18 posted on 10/31/2005 7:25:40 PM PST by Onelifetogive (* Sarcasm tag ALWAYS required. For some FReepers, sarcasm can NEVER be obvious enough.)
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To: Bean Counter
There is nothing respectful about that nickname.

I disagree.

W ran for election stating that he would select jurists like Scalia and Thomas. The Dims are pointing out that he is keeping the promise that he got elected on. Seems like typical Dim strategy to me.

If I were running for some type of office, I would LOVE for my opponent to tar me as "a little Gipper."

If you're up for the SC, being painted as a "Scalito" sounds like a compliment to me...

19 posted on 10/31/2005 7:30:51 PM PST by Onelifetogive (* Sarcasm tag ALWAYS required. For some FReepers, sarcasm can NEVER be obvious enough.)
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To: RWR8189
I get a little tired of this ridiculous labels, and and vague terms.

Liberal, Conservative, Open to interpretation, doesn't make laws, etc.

All meaningless.

Does he believe in the right to privacy?
What is HIS definition of "congress shall not establish a religion"? Does it mean what Madison meant it to mean, or does it mean what Earl Warren said it meant?
Does he support banning school prayer based on the first amendment?
Does he believe the 14th Amendment and the 1965 civil rights act bans all discrimination based on race or does he support affirmative action?
Does he believe illegal immigrants have a constitutional right to government services?
Does he believe as O'conner did, that the SCOTUS should not draw bright lines and in Scalia's words "never say never"?
Does he believe that the courts have to step in when the legislature does do the right thing?
20 posted on 10/31/2005 8:19:12 PM PST by rcocean (Copyright is theft and loved by Hollywood socialists)
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