I’ve seen some speculation around the blogosphere that Judge Samuel Alito of the Third Circuit may be tapped by President Bush to fill the O’Connor slot, perhaps as early as tomorrow. I know Judge Alito a little bit, and have two quick thoughts. First, Judge Alito is not a Scalia clone, contrary to what some news reports have claimed. Alito picked up the “Scalito” nickname early on, but while clever it’s not accurate. Judge Alito is much more of a process-oriented judicial-restraint type than Scalia. While Alito is well-known for his early dissent in Planned Parenthood v. Casey, generally speaking he hasn’t approached the job of appellate judge with an ideological edge. Second, Judge Alito is one of the most likable people you’ll ever meet. He comes off as modest, quiet, and very thoughtful, but he also has a sharp sense of humor. If picked, I think he will be (and should be) a popular choice in the Senate.
Comments are closed.