{"id":5625,"date":"2006-01-09T15:18:27","date_gmt":"2006-01-09T15:18:27","guid":{"rendered":"http:\/\/blog.beliefnet.com\/viamedia\/2006\/01\/a-clerks-view-of-alito.html"},"modified":"2006-01-09T15:18:27","modified_gmt":"2006-01-09T15:18:27","slug":"a-clerks-view-of-alito","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/01\/a-clerks-view-of-alito.html","title":{"rendered":"A clerk’s view of Alito"},"content":{"rendered":"

Long-time friend of this blog, Conor Dugan:<\/a><\/p>\n

\n
\n

One of the primary lessons I learned from Judge Alito was about what a judge is and is not in our constitutional system. Much popular thinking about the judicial function holds that the judiciary is just another extension of politics. In this view, a judge ought to attempt to sort out political disputes and to bring to bear his or her personal policy preferences on the law. <\/p>\n

This clearly is the perspective of Judge Alito’s critics and also of many popular media accounts of his record. For instance, the Washington Post, in an analysis of Judge Alito’s work on the bench, described him as " highly sympathetic to prosecutors (and) skeptical of immigrants trying to avoid deportation," as if his decisions in these cases indicated his personal preferences. These accounts of Judge Alito’s record never ask what the law required in a particular case but, rather, focus on the results of his decisions. <\/p>\n

Such characterizations also assume Judge Alito personally supports the underlying policy of the law at issue and conclude that his decisions skew in the direction of his personal preferences. It is guaranteed that much of the questioning during this week’s hearings will revolve around this understanding of the role of a judge and these characterizations of Judge Alito’s opinions. <\/p>\n

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. <\/p>\n

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." <\/p>\n

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. <\/p>\n<\/blockquote>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Long-time friend of this blog, Conor Dugan: One of the primary lessons I learned from Judge Alito was about what a judge is and is not in our constitutional system. Much popular thinking about the judicial function holds that the judiciary is just another extension of politics. In this view, a judge ought to attempt…<\/p>\n","protected":false},"author":180,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-5625","post","type-post","status-publish","format-standard","hentry","category-news"],"yoast_head":"\nA clerk's view of Alito - Via Media<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/01\/a-clerks-view-of-alito.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"A clerk's view of Alito - Via Media\" \/>\n<meta property=\"og:description\" content=\"Long-time friend of this blog, Conor Dugan: One of the primary lessons I learned from Judge Alito was about what a judge is and is not in our constitutional system. 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The Catholicism comes from her side. Amy grew up in a number of places - Indiana - Washington, DC - Lubbock Texas - Arlington, Virginia - DeKalb, Illinois - Lawrence, Kansas - and Knoxville, Tennessee, where the family settled in 1973. She attended Knoxville Catholic High School, then the University of Tennessee where she majored in history. She received an MA in Church History from Vanderbilt University, where she wrote a thesis on the changing role of women in 19th century American Protestantism, and the ways Scripture was used to justify those changes. She worked as as a teacher in Catholic high schools and a Parish Director of Religious Education and started writing for the diocesan press - the Florida Catholic - in 1988. Amy has written columns for Our Sunday Visitor and Catholic News Service at times over the past twenty years. Her articles have been published in venues ranging from Our Sunday Visitor to the New York Times to Commonweal. She has written 17 books. 18, if you included the as yet tragically unpublished novel. Amy has five children, ranging in age from 26 to 4 and was married to Michael Dubruiel, who died unexpectedly in February 2009. She lives in Birmingham, Alabama.","url":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/author\/awelborn"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/posts\/5625","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/users\/180"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/comments?post=5625"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/posts\/5625\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/media?parent=5625"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/categories?post=5625"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/tags?post=5625"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}