Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Democrats Press Alito for Specifics on Abortion(Alito slams Foreign law)
NYTIMES ^ | 01/11/06 | DAVID STOUT

Posted on 01/11/2006 4:34:45 PM PST by Pikamax

By DAVID STOUT

WASHINGTON, Jan. 11 - Judge Samuel A. Alito Jr., President Bush's nominee for the Supreme Court, sat through another day of high praise from Republicans and sharp skepticism from Democrats today as he cautiously laid out his judicial philosophy - too cautiously in the view of Democrats, who pressed him for his stance on abortion law.

(Excerpt) Read more at nytimes.com ...


TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: 109th; alito; alitohearings; transjudicialism
"Earlier, the nominee said American judges should not be guided by the laws of other countries in coming to their decisions. "I don't think it's appropriate or useful to look to foreign law in interpreting the provisions of our Constitution," Judge Alito said in response to questions from Senator Tom Coburn, Republican of Oklahoma, in the third day of the judge's confirmation hearings before the Senate Judiciary Committee.

"I think the Framers would be stunned by the idea that the Bill of Rights is to be interpreted by taking a poll of the countries of the world," Judge Alito said. "The purpose of the Bill of Rights was to give Americans rights that were recognized practically nowhere else in the world at the time. The Framers did not want Americans to have the rights of people in France or the rights of people in Russia or any of the other countries on the continent of Europe at the time; they wanted them to have the rights of Americans."

The nominee was, at least implicitly, finding fault with the Supreme Court's ruling on March 1 that outlawed the execution of killers who were under 18 at the time of their crimes. That opinion, decided by a 5-4 majority, relied in part on the trend of international opinion against the death penalty, especially for youthful offenders.

But Judge Alito said he saw "a host of practical problems" if American jurists are to look overseas.

"You have to decide which countries you're going to survey," he said. "And then it's often difficult to understand exactly what you are to make of foreign court decisions. All countries don't set up their court systems the same way." Foreign courts may have greater authority, or have policy-making roles, he said.

His testimony today echoed his response to a question on Wednesday, when he said: "We have our own law. We have our own traditions. We have our own precedents. And we should look to that in interpreting our Constitution."

1 posted on 01/11/2006 4:34:48 PM PST by Pikamax
[ Post Reply | Private Reply | View Replies]

To: Pikamax

The New York Times is spinning its wheels on this one. I can't see how anyone reading this column could be more opposed to Alito than they were before reading it. They really can't find much to say against him.

I notice they don't even mention the Princeton business.


2 posted on 01/11/2006 4:41:28 PM PST by Cicero (Marcus Tullius)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Pikamax
"We have our own law. We have our own traditions. We have our own precedents. And we should look to that in interpreting our Constitution."

Effin A Alito!

Now Sam, the next time Kennedy implies that you are a bigot, ask him to step outside to discuss it and then knock that fat drunken load right on his ass.

3 posted on 01/11/2006 4:44:03 PM PST by jwalsh07
[ Post Reply | Private Reply | To 1 | View Replies]

To: jwalsh07

Judge Alito is not a bigot since he has too much class to point out the fact that Turd Kennedy is a murderer.


4 posted on 01/11/2006 5:03:05 PM PST by Misschuck
[ Post Reply | Private Reply | To 3 | View Replies]

To: Pikamax

Judge Alito, WHEN you are confirmed would you please make your first order of bsiness to schedule a little "chat" with Justice Kennedy? I'd suggest Breyer, Ginsburg, Souter and Stevens but doubt they'd listen. Kennedy is more wishy washy which is why the left loves him.


5 posted on 01/11/2006 5:13:48 PM PST by Soul Seeker (Mr. President: It is now time to turn over the money changers' tables.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Soul Seeker

Best advice Alito can get is that he not find himself alone in a room with Breyer, Ginsburg, Souter and Stevens.


6 posted on 01/11/2006 6:39:15 PM PST by muawiyah (-)
[ Post Reply | Private Reply | To 5 | View Replies]

To: muawiyah
Best advice Alito can get is that he not find himself alone in a room with Breyer, Ginsburg, Souter and Stevens

If Alito were to walk into such a room he would lower the average age by 30 years & raise the average IQ by 30 points.

7 posted on 01/11/2006 7:16:02 PM PST by Republic If You Can Keep It
[ Post Reply | Private Reply | To 6 | View Replies]

To: Pikamax
"I don't think it's appropriate or useful to look to foreign law in interpreting the provisions of our Constitution," Judge Alito said in response to questions from Senator Tom Coburn, Republican of Oklahoma, in the third day of the judge's confirmation hearings before the Senate Judiciary Committee.

"I think the Framers would be stunned by the idea that the Bill of Rights is to be interpreted by taking a poll of the countries of the world," Judge Alito said. "The purpose of the Bill of Rights was to give Americans rights that were recognized practically nowhere else in the world at the time. The Framers did not want Americans to have the rights of people in France or the rights of people in Russia or any of the other countries on the continent of Europe at the time; they wanted them to have the rights of Americans."

Standing up, applauding! Thank you, Judge Alito!

8 posted on 01/11/2006 7:17:36 PM PST by Alia ("Witness" by Whittaker Chambers)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Coleus; Cacique
Referring to "foreign law" is as trendy on law school campuses as "Critical Race Theory."

Ever notice how the libs like to refer to "European law" but would never refer to Saudi law?

9 posted on 01/11/2006 7:20:36 PM PST by Clemenza (Smartest words ever written by a Communist: "Show me the way to the next Whiskey Bar")
[ Post Reply | Private Reply | To 8 | View Replies]

To: Cicero
They just won't give up, will they? By this point in the Roberts hearings, you could hear the Dims and the media begging for it to just be over.

With Alito, I think the Dims have had enough, but the media just won't let them toss in the towel. It must be very unpleasant to be a democrat Senator or Senate staffer tonight. It's almost enough to make me feel a bit sorry for them. Almost.

10 posted on 01/11/2006 7:35:26 PM PST by CFC__VRWC ("Anytime a liberal squeals in outrage, an angel gets its wings!" - gidget7)
[ Post Reply | Private Reply | To 2 | View Replies]

To: CFC__VRWC

You can't quite feel their pain?


11 posted on 01/11/2006 7:45:45 PM PST by Cicero (Marcus Tullius)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Clemenza
On the other hand, the Liberals on the USSC actually did refer to Mugabe's Law ~ in Kelo ~ when they said it's OK for the rich to make use of the law to take the land of the poor.

It's just a matter of time and you'll have Ginsburg coming around to the Saudi point of view.

12 posted on 01/12/2006 5:02:45 AM PST by muawiyah (-)
[ Post Reply | Private Reply | To 9 | View Replies]

To: Clemenza
Ever notice how the libs like to refer to "European law" but would never refer to Saudi law? >>

that comes to mind when I hear this. once we start executing drug dealers and cutting the hands off of thieves, I think the liberals will change their minds about using foreign law to decide supreme court decisions..

and on an economic level, you never hear them touting some European countries like Russia with a 13% flat tax, and I think Germany with NO capital gains tax, then there is Ireland which is the new business-friendly country and Hong Kong a former 3rd-world country that made it with NO foreign aid and little regulation laws for businesses.
13 posted on 01/13/2006 6:18:17 PM PST by Coleus (IMHO, The IVF procedure is immoral & kills many embryos/children and should be outlawed)
[ Post Reply | Private Reply | To 9 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson