Testimony of Professor Goodwin Liu
Boalt Hall School of Law, University of California, Berkeley
Before the United States Senate Committee on the Judiciary on the
Nomination of Judge Samuel A. Alito, Jr.
to the United States Supreme Court
Submitted January 10, 2006
http://www.law.berkeley.edu/news/Liu_Alito_Testimony.pdfsnip
That concern is Judge Alito’s lack of skepticism toward government power that
infringes on individual rights and liberties. Throughout his career, with few exceptions,
Judge Alito has sided with the police, prosecutors, immigration officials, and other government
agents, while taking a minimalist approach to recognizing official error and
abuse. He is less concerned about government overreaching than federal appeals judges
nationwide, less concerned than Republican-appointed appeals judges nationwide, and
less concerned than his Republican-appointed colleagues on the Third Circuit (see Appendix
A). In this area, Judge Alito’s record is at the margin of the judicial spectrum, not
the mainstream. His deferential instinct toward government is at odds with the Supreme
Court’s vital role in protecting privacy, freedom, and due process of law, and it deserves
special concern in light of the questionable tactics being used to fight the War on Terror.