Glenn Greenwald: Unasked Question about Sam Alito

[meegbear]

At his Senate confirmation hearing, Sam Alito used his opening statement to emphasize how his experience as an Italian-American influences his judicial decision-making (video is here):

But when I look at those cases, I have to say to myself, and I do say to myself, "You know, this could be your grandfather, this could be your grandmother. They were not citizens at one time, and they were people who came to this country" . . . .

When I get a case about discrimination, I have to think about people in my own family who suffered discrimination because of their ethnic background or because of religion or because of gender. And I do take that into account.

Two weeks ago, Alito cast the deciding vote in Ricci v. DeStefano, an intensely contested affirmative action case. He did so by ruling in favor of the Italian-American firefighters, finding that they were unlawfully discriminated against, even though the district court judge who heard all the evidence and the three-judge appellate panel ruled against them and dismissed their case. Notably, the majority Supreme Court opinion Alito joined (.pdf) began by highlighting not the relevant legal doctrine, but rather, the emotional factors that made the Italian-American-plaintiffs empathetic.

Did Alito's Italian-American ethnic background cause him to cast his vote in favor of the Italian-American plaintiffs? Has anyone raised that question? Given that he himself said that he "do take that into account" -- and given that Sonia Sotomayor spent 6 straight hours today being accused by GOP Senators and Fox News commentators of allowing her Puerto Rican heritage to lead her to discriminate against white litigants -- why isn't that question being asked about Alito's vote in Ricci?

Also: if empathy is irrelevant to judicial decision-making, why are GOP Senators calling Frank Ricci as a witness at this hearing? Since he's obviously not there to testify about the strict legalistic doctrines governing his claims, but instead is only there to trumpet the facts that make him "sympathetic" so that people will emotionally react against Sotomayor's ruling (his dyslexia, the amount he spent on books and tutors, his hopes for a promotion), isn't everything he has to say totally irrelevant pursuant to the GOP's alleged judicial principles?

http://www.salon.com/opinion/greenwald/

[spooky3]

1. k&r Greenwald is one of the best bloggers out there.

[robinlynne]

2. fantastic.

[Richard Steele]

3. K&R

[Enrique]

4. NPR brought this up to Charles Grassley yesterday

Grassley made the argument against empathy, then the NPR guy read the Alito quote and said, what about that, Senator, wouldn't that disqualify Alito? Grassley hemmed and hawed said yes it would and tried to throw some smoke around, and the NPR guy finally interrupted him and said, but Senator you voted for Alito. Grassley said yes I did and then said some things that didn't make any sense and came away looking like a lying hypocritical blowhard racist clown.

edit: NPR didn't make the connection to Ricci. That's a new point and it's brilliant and therefore no one will talk about it.

[progressoid]

6. Seems every time he opens his mouth, more crap comes out of his mouth.

That is if you can even understand him. He's such an embarrassment to Iowa.

He soooo needs to retire.

[TexasObserver]

5. Recommend