Wednesday, January 11, 2006

Too long, too tedious

Wherein I am no longer amused

The summarizing train has come to a halt. I wanted to keep it up and summarize the questioning; however, when I copied over Tuesday's transcripts, they filled 139 pages.

If I was doing this, I'd further break out the individual rounds of questioning. And what's worked before would to combine one senator's questions and summarize, then combine Alito's answers to that senator and summarize. It isn't difficult, just tedious and time-consuming and boring. Sorry, moving on.

Instead, I offer you the 1 percent summary. This is the complete transcripts of the first day of questioning - 139 pages - reduced to 1%.

ALITO: In my view...
ALITO: Well, I think that the court and all the courts -- the Supreme Court, my court, all of the federal courts -- should be insulated from public opinion.
ALITO: Right.
Do you agree with that statement today, Judge Alito?
ALITO: Absolutely, Senator.
ALITO: Well, there is, Senator.
ALITO: I do.
ALITO: Absolutely.
ALITO: I certainly do, Senator.
ALITO: I do, Senator. Senator Leahy?
ALITO: Good morning, Senator.
ALITO: It is.
ALITO: Certainly.
ALITO: I agree, Senator.
Senator Hatch?
HATCH: Welcome, Judge Alito.
ALITO: Absolutely not, Senator.
ALITO: I did, Senator.
ALITO: I was, Senator.
ALITO: I was.
ALITO: Thank you, Senator.
ALITO: I did, Senator.
ALITO: I have, yes.
ALITO: Yes, certainly, Senator.
ALITO: I do.
HATCH: Thank you, Judge.
ALITO: Yes, it was, Senator.
Why, Judge Alito? Why, Judge Alito?
ALITO: Absolutely not, Senator.
ALITO: I certainly do, Senator.
ALITO: I would not, Senator.
ALITO: Judges have to respect constitutional restraints.
ALITO: Judges don't have the authority to change the Constitution.
ALITO: I think judges should decide the case that is before them.
GRASSLEY: Thank you, Judge Alito.
One is the Bray case.
ALITO: Now, four federal judges looked at the facts in this case.
ALITO: Well, this case concerned an issue that had really divided the Courts of Appeals at the time when our court addressed it. And the courts of appeals -- this gets into a fairly technical question involving a Supreme Court case called the McDonnell Douglas case.
ALITO: In the vast majority of cases, that's sufficient, but not in every case.
ALITO: Yes, certainly, Senator.
ALITO: Right.
ALITO: We have our own law.
ALITO: I don't know, Senator.
ALITO: I think that's exactly right, Senator.
ALITO: Certainly, Senator. Do you remember that 2001 case?
ALITO: I do.
ALITO: Yes, correct, Senator. It was a similar case. There was Brenson case.
ALITO: I was the dissenter in that case...
Do you remember that case?
ALITO: That's right, Senator.
ALITO: I was.
KOHL: Judge Alito, what Warren court cases were you specifically talking about? When the case went to the Supreme Court, Justice Stevens agreed with that.
KOHL: Thank you, Judge.
ALITO: Yes, certainly, Senator. Thank you, Judge. Is Roe Supreme Court precedent?
ALITO: ... because the Supreme Court is my boss.
ALITO: Well, I'm aware of the issue.
DEWINE: Thank you, Judge.
Good afternoon, Judge.
ALITO: Well, Senator, that really relates to the next case in the Lopez-Morrison line of cases that might come before the Supreme Court.
ALITO: Well, in Chittister...
ALITO: I don't, Senator.
ALITO: I'm sorry, Senator.
ALITO: Well, Roe...
ALITO: I do, yes.
ALITO: Thank you, Senator.
Senator Sessions?
ALITO: Well, certainly, Senator.
ALITO: You shouldn't.
ALITO: I can, Senator.
ALITO: Yes, Senator.
ALITO: Yes, that's correct.
ALITO: Yes, that's correct.
ALITO: I can.
ALITO: Yes, it can.
ALITO: Yes, I do.
ALITO: I don't.
Thank you, Judge Alito.
ALITO: Thank you, Senator.
Right, Judge?
ALITO: That's correct.
ALITO: In general?
FEINGOLD: Thank you, Judge.
ALITO: Yes, it does.
ALITO: I do not.
ALITO: Senator, I don't know.
FEINGOLD: Thank you, Judge.
ALITO: Yes, it did, Senator.
ALITO: Yes, I did.
ALITO: That's right.
SPECTER: Senator Graham?
ALITO: Hello, Senator.
ALITO: It certainly is.
GRAHAM: It's a decision of the Supreme Court.
ALITO: I am not aware of such a case.
ALITO: There may have been a lower court case. There were two cases.
ALITO: It is a precedent.
ALITO: Eisentrager.
ALITO: Well, in this area...
GRAHAM: Well...
ALITO: Well, that's an issue I believe in the Hamdan case, which is an actual case that's before the Supreme Court.
ALITO: I'm not familiar with such a case.
ALITO: I agree with that, Senator.
ALITO: It's a majority.
ALITO: Senator...
SCHUMER: I'm not asking about case law.
ALITO: Senator, I think...
ALITO: I can answer that question.
The Supreme Court needs a special justification for overruling a prior case.
ALITO: You did, Senator.
ALITO: I'm familiar with that question.
ALITO: The state could.
ALITO: Well, that's correct.
ALITO: I would.
ALITO: But the vote in that case was 8-4.

ALITO: Yes, that's correct.

ALITO: I think that's correct, Senator.


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