To The Editor of Newsday:
On the first day of Senate Judiciary Committee hearings Samuel Alito, in responding to Sen. Biden’s question, said the reason discrimination cases reach appellate courts is that they are weak. According to Alito, the strong cases settle at the trial level, the questionable cases settle also, but for less money, and the weak cases are dismissed by the trial court, and those are the ones that reach the appellate courts. The reason Alito concludes they are weak? Because they have been dismissed at the trial level, thereby setting the stage for appeal. Conclusion: Because only the “weak” discrimination cases reach the appellate courts, those cases deserve to be dismissed. In other words, according to Alito, it is the job of the appellate court routinely to affirm the trial court’s dismissal of discrimination cases.
This shabby reasoning speaks for itself. If decisions of the trial courts are routinely affirmed, then there should be no need for appellate courts. The reason appellate courts exist, in reality, is that district courts sometimes make mistakes — but not in Samuel Alito’s world view.
No Senator followed up on this or on many other important issues regarding this candidate. It is imperative that the nominee be brought back before the Judiciary Committee for further questioning by real lawyers. I urge the Judiciary Committee to recall Samuel Alito in order to get to the root of his lazy approach to decision-making and to determine conclusively whether he is the royalist — or fascist — he appears to be.
I urge all Senators to filibuster this candidate and to prevent any full-Senate vote unless and until his philosophy and personal history — including his membership in the Federalist Society — are fully and honestly disclosed.
William E. Betz