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In reply to the discussion: Alito admits he cannot/will not be impartial. [View all]Ms. Toad
(36,862 posts)To be clear, I don't believe Alito can separate political opinions from his job a supreme court justice.
But having political conversations - without expressly discussing cases before him - is not an admission he cannot be impartial.
I drafted opinions for an old-style Republican. We did not see eye to eye politically - and had political conversations. I would not be surprised to have heard the words quoted in the article come form his mouth - although for him it would have been said with sadness. But every single time I went to him with an opinion that (in my assesment) had to have a progressive outcome (overturning a conviction, police misconduct, etc.), he told me to write it that way - even though his initial impression of what the outcome should be did not match the ultimate opinion. The same was true of the Democratic judge who had Republican clerks.
Personally, when I tried out for the moot court team, I was assigned the side opposing welfare expressly because the coach (a conservative) knew I would naturally take the other side. My legal arguments were strong enough to convince him to assign me the swing position on the team (the person who argues both sides of an issue)
So expressing or having political opinions is not inherently a confession that one cannot be impartial in the role of adjudicator (or advocate, for that matter).
He may have said more. He may have actually made such an admission. But if he did, I would have expected the Rolling Stone to have quoted it in their article.
Again - it is clear to me that Alito is incapable of separating the two. Not because of what he said in casual conversations to a stranger (he is entitled to hold and even share political opinions, so long as it does not extend to discussing or commenting on cases that might cross his desk). I know from what he writes in his actual opinions.
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