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Tuesday, January 10, 2006

One of Judge Alito's former clerks has a very powerful tribute to the Judge. We should all have such loyalty and respect from people we have worked with in our lifetimes.
But, as I learned from Judge Alito, this understanding of what a judge is and does is profoundly misguided. Judge Alito taught me that the starting point in any case must be what the law requires. Judge Alito showed me and my fellow clerks that a judge is to put personal ideology aside and ascertain the meaning of the law -- not the meaning he or she wants. A judge has a quite limited role and a solemn responsibility to live up to that role.

As Judge Alito once said, "Most of the labels people use to talk about judges, and the way judges decide (cases), aren't too descriptive. Judges should be judges. They shouldn't be legislators, they shouldn't be administrators."

Daily, I saw Judge Alito working to be a judge -- not a legislator or an administrator. To do this, he worked to understand what the relevant precedents, statutory law, and/or constitutional text required in a given case. This wasn't some facile or quick exercise.

I can remember a number of cases in which the judge continued to research right up to the moment of argument or ask for follow-up research from his clerks to try to render the right decision. It became clear to me this was far from an easy task -- in fact, it would have been much easier for the judge to make snap judgments based on personal predilection. It was no wonder Judge Alito was known for taking work home and burning the midnight oil as he wrestled to find the right answer in a case.

Having seen the judge's methodical, fair, unbiased and decidedly non-ideological approach to adjudicating cases, I am convinced of two things about the debate surrounding his nomination.

First, in general, Judge Alito's critics and much of the media are woefully misguided in their understanding of what a judge is.

Second, those who label Judge Alito a rabid ideologue haven't the faintest clue about the man they so unfairly tar. He is the furthest thing from an ideologue I've ever seen. This is a large reason why his former clerks, whose ranks include members of groups as diverse as the ACLU and the Federalist Society, unanimously support his confirmation.

One need only listen to another former clerk of his, David Loretto, a New York attorney quoted in Legal Times after Judge Alito's nomination. Loretto, who described himself as "extremely liberal," said friends frequently told him they never knew he had clerked for such a conservative judge. Loretto responded, "Nor did I." Loretto never saw the ideological agenda so many are quick to find in Judge Alito's record. Neither did I.
Read the rest. It will make you wish that you knew this guy and could work with him. I think this is the man whom the American public will get a look at through these hearings. They already did in his statement. It was just what people have said about this guy -he's a humble man with a deep love for the law. If you haven't seen his statement yet, here is the video link. It's only about 11 minutes and well worth watching. Or you can read the statement here. And what he said was just what his former clerk said about how he approaches a case.
I’ve learned a lot during my years on the 3rd Circuit, particularly, I think, about the way in which a judge should go about the work of judging. I’ve learned by doing, by sitting on all of these cases. And I think I’ve also learned from the examples of some really remarkable colleagues.

When I became a judge, I stopped being a practicing attorney. And that was a big change in role.
The role of a practicing attorney is to achieve a desirable result for the client in the particular case at hand. But a judge can’t think that way. A judge can’t have any agenda, a judge can’t have any preferred outcome in any particular case and a judge certainly doesn’t have a client.

The judge’s only obligation -- and it’s a solemn obligation -- is to the rule of law. And what that means is that in every single case, the judge has to do what the law requires.

Good judges develop certain habits of mind. One of those habits of mind is the habit of delaying reaching conclusions until everything has been considered.

Good judges are always open to the possibility of changing their minds based on the next brief that they read, or the next argument that’s made by an attorney who’s appearing before them, or a comment that is made by a colleague during the conference on the case when the judges privately discuss the case.
Conservatives may not agree with every decision that a Justice Alito would make in the future, but I don't think we'll be able to say that he approached the decision with a predetermined agenda or that he made up tests and rulings up out of thin air.

posted by Betsy Newmark permalink 12:35 AM 0 comments

Comments:

One of Judge Alito's former clerks has a very powerful tribute to the Judge. We should all have such loyalty and respect from people we have worked with in our lifetimes.

But, as I learned from Judge Alito, this understanding of what a judge is and does is profoundly misguided. Judge Alito taught me that the starting point in any case must be what the law requires. Judge Alito showed me and my fellow clerks that a judge is to put personal ideology aside and ascertain the meaning of the law -- not the meaning he or she wants. A judge has a quite limited role and a solemn responsibility to live up to that role.

As Judge Alito once said, "Most of the labels people use to talk about judges, and the way judges decide (cases), aren't too descriptive. Judges should be judges. They shouldn't be legislators, they shouldn't be administrators."

Daily, I saw Judge Alito working to be a judge -- not a legislator or an administrator. To do this, he worked to understand what the relevant precedents, statutory law, and/or constitutional text required in a given case. This wasn't some facile or quick exercise.

I can remember a number of cases in which the judge continued to research right up to the moment of argument or ask for follow-up research from his clerks to try to render the right decision. It became clear to me this was far from an easy task -- in fact, it would have been much easier for the judge to make snap judgments based on personal predilection. It was no wonder Judge Alito was known for taking work home and burning the midnight oil as he wrestled to find the right answer in a case.

Having seen the judge's methodical, fair, unbiased and decidedly non-ideological approach to adjudicating cases, I am convinced of two things about the debate surrounding his nomination.

First, in general, Judge Alito's critics and much of the media are woefully misguided in their understanding of what a judge is.

Second, those who label Judge Alito a rabid ideologue haven't the faintest clue about the man they so unfairly tar. He is the furthest thing from an ideologue I've ever seen. This is a large reason why his former clerks, whose ranks include members of groups as diverse as the ACLU and the Federalist Society, unanimously support his confirmation.

One need only listen to another former clerk of his, David Loretto, a New York attorney quoted in Legal Times after Judge Alito's nomination. Loretto, who described himself as "extremely liberal," said friends frequently told him they never knew he had clerked for such a conservative judge. Loretto responded, "Nor did I." Loretto never saw the ideological agenda so many are quick to find in Judge Alito's record. Neither did I.

Read the rest. It will make you wish that you knew this guy and could work with him. I think this is the man whom the American public will get a look at through these hearings. They already did in his statement. It was just what people have said about this guy -he's a humble man with a deep love for the law. If you haven't seen his statement yet, here is the video link. It's only about 11 minutes and well worth watching. Or you can read the statement here. And what he said was just what his former clerk said about how he approaches a case.

I’ve learned a lot during my years on the 3rd Circuit, particularly, I think, about the way in which a judge should go about the work of judging. I’ve learned by doing, by sitting on all of these cases. And I think I’ve also learned from the examples of some really remarkable colleagues.

When I became a judge, I stopped being a practicing attorney. And that was a big change in role.
The role of a practicing attorney is to achieve a desirable result for the client in the particular case at hand. But a judge can’t think that way. A judge can’t have any agenda, a judge can’t have any preferred outcome in any particular case and a judge certainly doesn’t have a client.

The judge’s only obligation -- and it’s a solemn obligation -- is to the rule of law. And what that means is that in every single case, the judge has to do what the law requires.

Good judges develop certain habits of mind. One of those habits of mind is the habit of delaying reaching conclusions until everything has been considered.

Good judges are always open to the possibility of changing their minds based on the next brief that they read, or the next argument that’s made by an attorney who’s appearing before them, or a comment that is made by a colleague during the conference on the case when the judges privately discuss the case.

Conservatives may not agree with every decision that a Justice Alito would make in the future, but I don't think we'll be able to say that he approached the decision with a predetermined agenda or that he made up tests and rulings up out of thin air.

posted by Betsy Newmark permalink 12:35 AM 0 comments

Comments: Post a Comment

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Tuesday, January 10, 2006

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HOME Betsy neither necessarily uses, nor endorses, the products advertised on this site. The truth about Avesil Cheap Hosting Atlanta Bankruptcy Attorney Dallas Bankruptcy Attorney Wikio Get exclusive travel deals and book discount cheap flights Online Bachelors Degree Comments from an AP history and government teacher in Raleigh, NC. e-mail betsynewmark AT gmail.com Commissions earned from selling items through Amazon will go towards buying materials for my classes. Thank you. Site Feed		Tuesday, January 10, 2006 One of Judge Alito's former clerks has a very powerful tribute to the Judge. We should all have such loyalty and respect from people we have worked with in our lifetimes. But, as I learned from Judge Alito, this understanding of what a judge is and does is profoundly misguided. Judge Alito taught me that the starting point in any case must be what the law requires. Judge Alito showed me and my fellow clerks that a judge is to put personal ideology aside and ascertain the meaning of the law -- not the meaning he or she wants. A judge has a quite limited role and a solemn responsibility to live up to that role. As Judge Alito once said, "Most of the labels people use to talk about judges, and the way judges decide (cases), aren't too descriptive. Judges should be judges. They shouldn't be legislators, they shouldn't be administrators." Daily, I saw Judge Alito working to be a judge -- not a legislator or an administrator. To do this, he worked to understand what the relevant precedents, statutory law, and/or constitutional text required in a given case. This wasn't some facile or quick exercise. I can remember a number of cases in which the judge continued to research right up to the moment of argument or ask for follow-up research from his clerks to try to render the right decision. It became clear to me this was far from an easy task -- in fact, it would have been much easier for the judge to make snap judgments based on personal predilection. It was no wonder Judge Alito was known for taking work home and burning the midnight oil as he wrestled to find the right answer in a case. Having seen the judge's methodical, fair, unbiased and decidedly non-ideological approach to adjudicating cases, I am convinced of two things about the debate surrounding his nomination. First, in general, Judge Alito's critics and much of the media are woefully misguided in their understanding of what a judge is. Second, those who label Judge Alito a rabid ideologue haven't the faintest clue about the man they so unfairly tar. He is the furthest thing from an ideologue I've ever seen. This is a large reason why his former clerks, whose ranks include members of groups as diverse as the ACLU and the Federalist Society, unanimously support his confirmation. One need only listen to another former clerk of his, David Loretto, a New York attorney quoted in Legal Times after Judge Alito's nomination. Loretto, who described himself as "extremely liberal," said friends frequently told him they never knew he had clerked for such a conservative judge. Loretto responded, "Nor did I." Loretto never saw the ideological agenda so many are quick to find in Judge Alito's record. Neither did I. Read the rest. It will make you wish that you knew this guy and could work with him. I think this is the man whom the American public will get a look at through these hearings. They already did in his statement. It was just what people have said about this guy -he's a humble man with a deep love for the law. If you haven't seen his statement yet, here is the video link. It's only about 11 minutes and well worth watching. Or you can read the statement here. And what he said was just what his former clerk said about how he approaches a case. I’ve learned a lot during my years on the 3rd Circuit, particularly, I think, about the way in which a judge should go about the work of judging. I’ve learned by doing, by sitting on all of these cases. And I think I’ve also learned from the examples of some really remarkable colleagues. When I became a judge, I stopped being a practicing attorney. And that was a big change in role. The role of a practicing attorney is to achieve a desirable result for the client in the particular case at hand. But a judge can’t think that way. A judge can’t have any agenda, a judge can’t have any preferred outcome in any particular case and a judge certainly doesn’t have a client. The judge’s only obligation -- and it’s a solemn obligation -- is to the rule of law. And what that means is that in every single case, the judge has to do what the law requires. Good judges develop certain habits of mind. One of those habits of mind is the habit of delaying reaching conclusions until everything has been considered. Good judges are always open to the possibility of changing their minds based on the next brief that they read, or the next argument that’s made by an attorney who’s appearing before them, or a comment that is made by a colleague during the conference on the case when the judges privately discuss the case. Conservatives may not agree with every decision that a Justice Alito would make in the future, but I don't think we'll be able to say that he approached the decision with a predetermined agenda or that he made up tests and rulings up out of thin air. posted by Betsy Newmark permalink 12:35 AM 0 comments Comments: One of Judge Alito's former clerks has a very powerful tribute to the Judge. We should all have such loyalty and respect from people we have worked with in our lifetimes. But, as I learned from Judge Alito, this understanding of what a judge is and does is profoundly misguided. Judge Alito taught me that the starting point in any case must be what the law requires. Judge Alito showed me and my fellow clerks that a judge is to put personal ideology aside and ascertain the meaning of the law -- not the meaning he or she wants. A judge has a quite limited role and a solemn responsibility to live up to that role. As Judge Alito once said, "Most of the labels people use to talk about judges, and the way judges decide (cases), aren't too descriptive. Judges should be judges. They shouldn't be legislators, they shouldn't be administrators." Daily, I saw Judge Alito working to be a judge -- not a legislator or an administrator. To do this, he worked to understand what the relevant precedents, statutory law, and/or constitutional text required in a given case. This wasn't some facile or quick exercise. I can remember a number of cases in which the judge continued to research right up to the moment of argument or ask for follow-up research from his clerks to try to render the right decision. It became clear to me this was far from an easy task -- in fact, it would have been much easier for the judge to make snap judgments based on personal predilection. It was no wonder Judge Alito was known for taking work home and burning the midnight oil as he wrestled to find the right answer in a case. Having seen the judge's methodical, fair, unbiased and decidedly non-ideological approach to adjudicating cases, I am convinced of two things about the debate surrounding his nomination. First, in general, Judge Alito's critics and much of the media are woefully misguided in their understanding of what a judge is. Second, those who label Judge Alito a rabid ideologue haven't the faintest clue about the man they so unfairly tar. He is the furthest thing from an ideologue I've ever seen. This is a large reason why his former clerks, whose ranks include members of groups as diverse as the ACLU and the Federalist Society, unanimously support his confirmation. One need only listen to another former clerk of his, David Loretto, a New York attorney quoted in Legal Times after Judge Alito's nomination. Loretto, who described himself as "extremely liberal," said friends frequently told him they never knew he had clerked for such a conservative judge. Loretto responded, "Nor did I." Loretto never saw the ideological agenda so many are quick to find in Judge Alito's record. Neither did I. Read the rest. It will make you wish that you knew this guy and could work with him. I think this is the man whom the American public will get a look at through these hearings. They already did in his statement. It was just what people have said about this guy -he's a humble man with a deep love for the law. If you haven't seen his statement yet, here is the video link. It's only about 11 minutes and well worth watching. Or you can read the statement here. And what he said was just what his former clerk said about how he approaches a case. I’ve learned a lot during my years on the 3rd Circuit, particularly, I think, about the way in which a judge should go about the work of judging. I’ve learned by doing, by sitting on all of these cases. And I think I’ve also learned from the examples of some really remarkable colleagues. When I became a judge, I stopped being a practicing attorney. And that was a big change in role. The role of a practicing attorney is to achieve a desirable result for the client in the particular case at hand. But a judge can’t think that way. A judge can’t have any agenda, a judge can’t have any preferred outcome in any particular case and a judge certainly doesn’t have a client. The judge’s only obligation -- and it’s a solemn obligation -- is to the rule of law. And what that means is that in every single case, the judge has to do what the law requires. Good judges develop certain habits of mind. One of those habits of mind is the habit of delaying reaching conclusions until everything has been considered. Good judges are always open to the possibility of changing their minds based on the next brief that they read, or the next argument that’s made by an attorney who’s appearing before them, or a comment that is made by a colleague during the conference on the case when the judges privately discuss the case. Conservatives may not agree with every decision that a Justice Alito would make in the future, but I don't think we'll be able to say that he approached the decision with a predetermined agenda or that he made up tests and rulings up out of thin air. posted by Betsy Newmark permalink 12:35 AM 0 comments Comments: Post a Comment