Grassley's opening Alito statement

The opening statement of Sen. Charles Grassley, R-Iowa, as prepared for delivery at the confirmation hearing for Judge Samuel Alito to the Supreme Court.

Judge Alito, I'd like to welcome you and your family to the Judiciary Committee.  Congratulations on your nomination to be an Associate Justice on the Supreme Court of the United States.  

The Senate has an important responsibility to confirm to the federal bench well qualified individuals who will faithfully interpret the laws and Constitution.  Confirmation should be limited to those individuals who will be fair, unbiased, devoted to addressing the facts and the law before them, without imposing their own values and political beliefs when deciding cases.  Nominees shouldn't be expected to pre-commit to ruling on certain issues in a certain way, nor should Senators ask the nominees to pledge to rule on issues in a particular way.   

So, if we fulfill our responsibility, the Supreme Court will be filled with superior legal minds who will pursue the one agenda that our Founding Fathers intended: justice, rather than political and personal agendas.  The Supreme Court will consist of individuals who meticulously apply the law and Constitution, regardless of whether the results they reach are popular or not.  If we do our job right, the Supreme Court won't be made up of men and women who are on the side of one thing or another.  Rather, the Supreme Court will be made up of men and women who are on the side of the law and the Constitution.

From all accounts, Judge Alito has an impressive and extensive legal and judicial record, certainly one worthy of a Supreme Court Justice.  Judge Alito excelled at top notch schools, was a member of the law review, and clerked for a federal judge.  He also held important positions at the Department of Justice in the Office of Legal Counsel and the Solicitor General's Office, and was the United States Attorney for the District of New Jersey before becoming a judge on the Third Circuit.  Judge Alito has been confirmed - unanimously - by the United States Senate, not once, but twice.  This is a tremendous record of accomplishment and public service, equal to any Supreme Court nominee I've considered over the 25 years I've been on this Committee.  Not only that, Judge Alito has a reputation for being an exceptional and honest judge devoted to the rule of law, and a man of integrity.

Judge Alito enjoys the support and respect of the people who work with him, practice before him, and therefore know him best.  For example, fifty-four of Judge Alito's former law clerks - Democrats, Republicans and Independents - signed a joint letter to the Committee that stated in part: "We collectively were involved in thousands of cases, and it never once appeared to us that Judge Alito has pre-judged a case or ruled based on political ideology."  They further stated, "it is our uniform experience that Judge Alito was guided by his profound respect for the Constitution and the limited role of the judicial branch."   In my opinion, that says a lot about Judge Alito and his approach to the judicial function.  Like Chief Justice Roberts, it appears that Judge Alito tries to act like an umpire, calling the balls and strikes, rather than advocating for a particular outcome in a case.

I'm also impressed with the very complementary things that some lawyers had to say about Judge Alito in the Lawyers Evaluation section of the Almanac of the Federal Judiciary.  With respect to his legal acumen, lawyers praised him, saying that Judge Alito was "exceptional" and a "brilliant jurist".  Another lawyer stated that "to say he is outstanding is to use understatement.  He's the best judge on the circuit, maybe the country."

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