It is not unusual for former law clerks to have fond recollections of the judge they worked for. And it is common for judges to speak respectfully of their colleagues. But for a judge being portrayed by the right and left as a hard-right conservative, Alito's enthusiastic backing by liberal associates is striking.It might be time to start wondering why conservatives would be so supportive of judges who believe in "judicial restraint and judicial deference" and liberals wouldn't. And that is a debate that the country would benefit from hearing.
Former federal Judge Timothy K. Lewis said that when he joined the U.S. 3rd Circuit Court of Appeals in 1992, he consulted his mentor, Judge A. Leon Higginbotham Jr. The late Higginbotham, a legendary liberal and a scholar of U.S. racial history, was the only other black judge on the Philadelphia-based court at the time.
"As he was going down the roster of colleagues, he got to Sam Alito. I expressed some concern about [him] being so conservative. He said, 'No, no. Sam Alito is my favorite judge to sit with on this court. He is a wonderful judge and a terrific human being. Sam Alito is my kind of conservative. He is intellectually honest. He doesn't have an agenda. He is not an ideologue,' " Higginbotham said, according to Lewis.
"I really was surprised to hear that, but my experience with him on the 3rd Circuit bore that out," added Lewis, who had a liberal record during his seven years on the bench. "Alito does not have an agenda, contrary to what the Republican right is saying about him being a 'home run.' He is not result-oriented. He is an honest conservative judge who believes in judicial restraint and judicial deference."
Wednesday, November 02, 2005
The Democratic plan to demonize Alito is not going to get much traction if liberals who have worked with Alito keep stressing how non-ideological and fair-minded he is.
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