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California State University, Dominguez Hills
University of Wisconsin, Parkside
Created: November 1, 2005
Latest Update: November 1, 2005
This backup copy is to be used only if the original site on the Web is not accessible. It is meant to preserve the document for teaching purposes, when sometimes the URLS are changed when sites are updated, or sites are eliminated. Please be certain to give credit if you refer to this to the original URL: http://www.west.net/~smith/blog/. Original URL, consulted: November 11, 2005.
From Craig Smith's Blog on Thoughts on Current Issues in the Law and (Occasionally) the Media:"Hold Your Fire! Thursday, Nov. 3, 2005 Isn't that what they used to say in the old movies when the good guys were about to unload on the bad guys but at the last minute someone realizes they really aren't the bad guys? That's sort of how I feel after reading yesterday's L.A. Times article on Supreme Court nominee Samuel A. Alito's unexpected supporters. Most impressive of the impressive array of "liberal-leaning judges" who are cited for their respect and admiration of Alito was the late A. Leon Higginbotham who served with Alito on the U.S. Court of Appeals for the Third Circuit. Higginbotham, who at the time was the only African-American judge on the Third Circuit, is quoted as describing Alito as "a wonderful judge and a terrific human being" one without ideology or agenda. Also encouraging was the example of the case of U.S. v Kithcart, 134 F.3d 529 (3rd Cir.1998). Kithcart involved a detention and search where the probable cause to do so amounted to little more than "driving while black." Alito wrote the majority opinion which ruled the detention illegal. That's not a ruling one would normally expect from a former U.S. Attorney. On the other hand, today's Washington Post examines Alito's record in civil rights cases and it definitely appears to be a mixed bag. But, in light of the other names on Bush's short list, Alito appears to be the most moderate and centrist of the bunch. The name on that list I know best, Janice Rogers Brown of the D.C. Circuit Court of Appeals, was formerly on the Supreme Court here in California. I consider myself to be a moderate liberal but from what I see I prefer the white and male Alito to the black and female Brown. So, its probably still too early to jump on the bandwagon for or against Alito but until the Senate confirmation hearings roll around, let's keep our powder dry."