A Chequer-Board of Nights and Days

Patterico notes that Judge Samuel Alito has come out as a conservative. I note that the article Patterico linked to doesn't necessarily state that he is opposed to abortion, only that he was proud to work on Justice Department cases regarding abortion. Given the Reagan Administration's stance on abortion, however, I am sure that a proper inference can be drawn.

The most revealing statement made by Judge Alito is the following one:

Although Judge Alito's conservatism has not been particularly evident in his legal rulings, it was abundantly clear in his job application 20 years ago.

"I believe very strongly in limited government, federalism, free enterprise, the supremacy of the elected branches of government, the need for a strong defense and effective law enforcement, and the legitimacy of a government role in protecting traditional values," he wrote.

"In the field of law, I disagree strenuously with the usurpation by the judiciary of decision-making authority that should be exercised by the branches of government responsible to the electorate," he added.

The document also provides the clearest picture to date of Mr. Alito's intellectual development as a conservative.

"When I first became interested in government and politics during the 1960s, the greatest influences on my views were the writings of William F. Buckley Jr., the National Review, and Barry Goldwater's 1964 campaign," he said. "In college, I developed a deep interest in constitutional law, motivated in large part by disagreement with Warren Court decisions, particularly in the areas of criminal procedure, the Establishment Clause, and reapportionment."

The best response to this is to point out that if absent this kind of writing--written when Judge Alito was an advocate and not a jurist--and relying only on what Judge Alito wrote during his time on the Third Circuit bench, one would not be able to figure out the Judge's political philosophy, then Judge Alito is clearly not letting his political philosophy unduly influence his jurisprudence. I have no problem, of course, with a conservative, strict constructionist/originalist jurisprudence, but it is valuable to note when a jurist sticks with calling it as he/she sees it whatever the jurist's political philosophy.

It is also good to respond to any charges that Judge Alito is a conservative by saying in pertinent part "Darn tootin', he is!" Let's not have any attempts to try to pass the Judge off as some kind of moderate. Conservatives should be proud of their advocacy. I didn't see Ruth Bader Ginsburg or her advocates try to disclaim her liberal legal writings during her confirmation hearings for the Supreme Court. Why should Judge Alito and his advocates be forced to do so?

(Cross posted on Red State.)