The year in review

SCW 39

This show is 17:40... if your download cut off at the nine minute mark, download it again here.

Intro

• News views and insight on the future of the Supreme Court
• Shownotes and blog at supremecourtwatch.org - hit the podcast badge
• Intro the roundtable

Year in review

• 4 nominations for two slots
• 39 shows
• More to come in 2006, but first a retrospective on 2005

News montage

• Roberts nominated
• Rehnquist dies
• Roberts renominated
• Roberts hearings
• Roberts confirmed
• Miers nominated
• Miers challenged
• Miers withdraws
• Alito nominated

Magic 8 Ball

• Background track: Miss Sad UK - Bird (courtesy podsafe music network)
• SCW 3 - Will the (Roberts) nomination kick the Karl Rove scandal off the headlines?
• SCW 7 - Will the winner of Rock Star INXS actually become the new lead singer of the band?
• SCW 13 - Has the President already decided who his next nominee is?
• SCW 15 - Will Hasbro release a line of judiciary committee action figures with kung fu grip?
• SCW 16 - Is there a Senator holding their powder for the second round of (Roberts) questions?
• SCW 22 - Listeners choice!
• SCW 24 - Will Harriet Miers withdraw her nomination?
• SCW 26 - Will the Harriet Miers hearing provide enough common ground amongst Democrats and Republicans to cause party merger, ushering in The Era of Good Feelings 2: Electric Boogaloo?
• SCW 28 - Will the President nominate a woman or minority to fill Justice O'Connor's seat?
• SCW 30 - With the recent pub SCW has been getting in the mainstream media, are we about to get a call from Survivor producer Mark Burnett to option a reality show based on the podcast?
• SCW 32 - Because he "opened the door" in the 1985 job application, will Judge Alito candidly answer questions on his judicial views on abortion and congressional redistricting?
• SCW 34 - Will Tai Shan, the National Zoo's baby panda, follow the usual child star route and let all of the sudden publicity, attention and adoration go to his head, causing a Todd Bridges-like backlash that will end in a convenience store robbery?
• SCW 35 - Can we bridge the philosophical divide this Christmas - and prove our lack of intent to destroy the holiday celebration - by offering a gift of top notch hair product to Jay Sekulow?

Insider's insider

• Background track: Spank - Silver Bullet (courtesy podsafe music network)
• Studio 1-A
• The weather
• Louis the pug
• Fred Thompson
• Jay Sekulow
• Whaddaya got?
• law fellow... Dr. Oth
• Others
  • theater of the mind
  • Wisco and Ohio
  • pure professionalism
  • comic bronze

Close... more to come in 2006

Hey, if Entertainment Tonight can do a year in review show, so can we. Check it out in your podcatcher tomorrow...

Were the documents released on the 23rd a mere appetizer for you? Do you crave more Alito-isciousness?

(No, I have no idea what that means either.)

The National Archives is releasing another 291 pages today... take a gander here, after 9 AM.

Hope everyone had a wonderful weekend! We'll be back blogging tomorrow. In the meantime, keep enjoying the fire!

Happy holidays from SCW! This is an homage to the WPIX televised yulelog - http://en.wikipedia.org/wiki/Yule_Log_%28Television_Program%29

Want to spend some of your long weekend checking out Alito documents? Well, you're in luck!

---

News Advisory:

WHAT: The National Archives at College Park will release 45 documents relating to Samuel Alito. These records total 744 pages from Record Group 60, Records of the Department of Justice, Files of John Bolton, Michael Carvin, Roger Clegg, Stephen Galebach, Brian Landsberg, Mark Levin, and Richard Willard.

The National Archives found the documents, consisting of memoranda and other documents, in various folders in the files of these individuals during the processing of additional FOIA requests.

WHERE: These records will be posted on the National Archives Web site at http://www.archives.gov/news/samuel-alito/

WHEN: The records will be available on Friday, Dec. 23 at 9 a.m., EST

Warrantless wiretaps and Alito on the environment

SCW 37

Intro

• News views and insight on the future of the Supreme Court
• Shownotes and blog at supremecourtwatch.org - hit the podcast badge
• Intro the roundtable

Wiretapping, bypassing FISA courts and how this impacts the Alito debate

Sam I Am - Environment

Magic 8 Ball

• Is the NSA tapping into Tim's computer to hear the SCW podcasts, unaware that they can get them for free online?

Close

• Special show on the morning of 12/25!
• Shownotes - podcast badge on supremecourtwatch.org
• Email - podcast@afj.org

UPDATE... Dan wants to make a correction:

I said US v. Lee, the hotel surveillance case, was unanimous. It was 2-1, with Judge McKee dissenting strongly.

The Senate Dems are interested in taking a look at Alito's DOJ documents. You can see the letter that Sen. Leahy sent here. Also check out the Washington Post article here.

Some of the environmental organizations are coming out in opposition to the Alito nomination...

Earthjustice

Friends of the Earth

Sierra Club

We'll be chatting about the green groups opposition in a special segment in SCW 37. Another prominent opposition announcement came today from the Brady Center to Prevent Gun Violence. Take a look at their statement here.

Pretty slow news day on the Alito front... interesting article that adds a little more fuel to the notion that Judge Alito's views on executive power, particularly at war time, will be an issue at the hearings. Check out Lawmakers to Ask Alito About Spy Views for more.

We did a little pre-podcast caucus today, and it looks like we'll be recording and uploading the last show of the year on Thursday. But... a little elf told me there may a little something in your podcatcher stocking on Christmas day. The tease continues in SCW 37 on Thursday.

Hey everyone... if you've been having trouble downloading today's edition (SCW 36), you are not alone. Libsyn (our file host) is having some problems, but we have been assured they're on top of it... hopefully you'll get the new episode tonight or over the weekend. Take care!

Update - looks like everything is straightened out... enjoy the show and your weekend!

More opposition announcements, voting rights scrutiny, plus Alito on executive power

SCW 36

Intro

• News views and insight on the future of the Supreme Court
• Shownotes and blog at supremecourtwatch.org - hit the podcast badge
• Intro the roundtable

Opposition announced - reports released

• Opposition - AFL-CIO, disability groups, NAACP Legal Defense and Educational Fund, the NAACP, the Mexican American Legal Defense and Educational Fund and the Black Leadership Forum
• Reports - National Women's Law Center, NARAL Pro-Choice America

Texas redistricting, 1P1V and more scrutiny on Alito

• Supreme Court hearing on Texas redistricting will provide a barometer to measure partisanship on the high court, Houston Chronicle editorial
• Supreme Court to Review GOP-Friendly Texas Redistricting, Los Angeles Times
• Supreme Court to Weigh Texas Redistricting, ABCNews.com
• More from Rick Hasen's Election Law Blog

Sen. Specter sends another letter

• The letter(PDF)
• Specter seeks Alito's views on power of precedent, Reuters
• For Specter, Alito hearings pose internal struggle, USA Today

Right wing attacks

• Judicial Confirmation Network's new ad about "left wing extremists" allied with "drug dealers, WashingtonPost.com's Campaign for the Court blog
• Salazar's Focus feud heats up, Rocky Mountain News

Rolling Justice

Sam I Am - Executive Power

• Favors a very expansive role, particularly in police powers
• Flashback to SCW 34 - Dahlia Lithwick's comments on The Al Franken Show
• FISA courts - Bush Lets U.S. Spy on Callers Without Courts, New York Times
• Non-delegation doctrine
• Other issues
• Novak and Judicial Confirmation Network Distort Facts of Doe v. Groody (PDF), Alliance for Justice
• Getting to Yes by Dahlia Lithwick, Slate.com

Magic 8 Ball

• Are the Senate meet-and-greets over for Judge Alito?
• Will we continue to leave Sean Hannity in the dust in the iTunes rankings?

Close

• Shownotes - podcast badge on supremecourtwatch.org
• Email - podcast@afj.org

NARAL Pro-Choice America has added to your Alito reading list. Now we're sure you've read AFJ's preliminary report on Judge Alito, but their report looks more specifically at women's reproductive rights. Their summary:

Whether Samuel Alito would vote to overrule Roe v. Wade and whether his vote would be the last necessary step to Roe's demise are not the only questions before the Senate or the American public. For overruling Roe is not the only way to end legal abortion or make access so difficult, expensive, and dangerous that abortion's legality is practically meaningless. Indeed, overturning Roe outright is not the most likely avenue for the Court and anti-choice legislatures to take in the near term.

Stacking the Court with Justices who are indisposed to find a state regulation to be an "undue burden" is as sure a way of ending legal abortion for many women in much of the country as is overturning Roe. It's just far more subtle and less likely to create political backlash.

UPDATE - Our upstairs neighbors (and AFJ member) National Women's Law Center have added their report to your Alito reading list. Get crackin' people!

A new podcast is coming your way tomorrow... in the meantime, let it snow ice rain, let it snow ice rain, let it snow ice rain!

Alliance for Justice Legal Director Seth Rosenthal analyzed the right wing's claim of desiring a Supreme Court justice who "won't legislate from the bench," believe in "judicial restraint" and "understand the limited role of the courts, in the December 13, 2005 issue of The Nation. Find it here.

CBS News included a series of Alito questions in their latest poll. Of note:

Confirmation hearings for Supreme Court nominee Samuel Alito are scheduled for early next year, and a majority of the public is withholding judgment about him. Seventy-five percent haven't heard enough about Alito or are undecided in their views of him...

See the poll here.

Taking the Alito Question to Americans

Rolling Justice will be visiting Americans in towns throughout the country to educate and engage them on the importance of the Supreme Court and the impact of the Alito nomination. We want to hear the stories and voices of Americans and find out what the Supreme Court means to them.

For more on Alliance for Justice's eleven state tour, click here.

Supreme Court Watch is now a top 10 show on iTunes.... we're #7 today of all political shows. Thanks for your continuing support, and enjoy the rest of the weekend!

Tough sledding, saving Christmas and Alito on federalism

SCW 35

Intro

• News views and insight on the future of the Supreme Court
• Shownotes and blog at supremecourtwatch.org - hit the podcast badge
• Intro the roundtable

AFJ news release

• Pirolli v. World Flavors, Inc.: Unpublished Opinion Reveals Jusge Alito's Conservative Legal Agenda, AFJ (PDF)
• Comments

Dems ask for additional docs

• Committee Democrat Seeks More on Work Alito Did in the 80's, New York Times
• Senate Democrats press for papers on Alito, Reuters
• Senate Democrats Ask Alito For Another Round of Papers, Washington Post

Why everyone should read last week's article on Alito by Stephen Henderson and Howard Mintz

• Review of cases shows Alito to be staunch conservative, Knight Ridder
• Administration objects to story describing Alito as conservative, Knight Ridder
• Knight Ridder response to Senate Republican Conference critique (PDF), How Appealling blog
• C-SPA N video of Knight Ridder's Stephen Henderson and Rachel Brand, assistant AG for the Office of Legal Policy

Sen. Specter predicts tough sledding for Alito at the Judiciary Committee hearing

• Specter Predicts Long, Tough Questioning for Alito, Washington Post
• Specter: Samuel Alito Hearings More Difficult Because of Abortion, LifeNews.com

Only Samuel Alito can save Christmas?

• It's that time of year! Conservatives accuse liberals of trying to shut down Christmas...
• Ads Portray Nominee as Protector of Christmas, New York Times
• ACLJ email from Jay Sekulow (say what you will about the man... he has outstanding hair)

Sam I Am - Federalism

• Favors a very limited federal role
• In Cases Involving Federal Government, Nominee Is Seen as Favoring Authority of the States, New York Times
• US v. Rybar, 103 F.3d 273 (3d Cir. 1996)(Alito dissents - federal power to regulate interstate commerce does not extend to machine guns).
• Chittister v. Department of Community and Economic Development, 226 F.3d 223 (3d Cir. 2000)(Congress does not have the power to trump states' rights in passing the Family and Medical Leave Act).
• The Supreme Court disagreed with Alito's position in both Rybar and Chittister - see the AFJ Report (PDF) for details.

Magic 8 Ball

• Will Senate Dems succeed in getting access to additional Alito documents?
• Can we bridge the philosophical divide this Christmas - and prove our lack of intent to destroy the holiday celebration - by offering a gift of top notch hair product to Jay Sekulow?

Close

• Shownotes - podcast badge on supremecourtwatch.org
• Email - podcast@afj.org

National Women's Law Center (an AFJ member organization) announced its opposition to Samuel Alito's nomination today. Check out their press release here.

Check back in tomorrow (we promise this time) for SCW 35! If you're in the need of a little more reading, take a look at "Review of cases shows Alito to be staunch conservative" by Stephen Henderson and Howard Mintz.

Reuters has the story here. A snippet:

Senate Democrats on Wednesday pushed for the Justice Department to release more documents about U.S. Supreme Court nominee Samuel Alito as some liberal advocacy groups prepared to come out against his nomination.

* * *

Leahy pushed for the release of documents the administration has determined are not covered by a Freedom of Information Act request. He said the Senate was entitled to see the documents, or in some cases edited portions of them, and could handle them on a confidential basis if warranted.

Hang tight and we'll get a show out to you tomorrow Friday with all of the week's news, plus a new segment... "Dan Roth, Senior Supreme Court Correspondent."

Dahlia Lithwick wrote another great Slate.com piece that expands on her comments on the Al Franken Show that we featured in SCW 34.

Also, Senate as a full partner, not a rubber stamp by Sen. Patrick Leahy is well worth the read.

Really interesting piece in the Washington Post today by E.J. Dionne:

When Sen. Dianne Feinstein (D-Calif.) asked Alito about that letter seeking a promotion, she said he told her: "First of all, it was different then.... I was an advocate seeking a job. It was a political job. And that was 1985."

Rather than defend his letter, in other words, Alito preferred to leave the impression that he might have been engaging in a bit of opportunism. Does that mean that 20 years from now, he will say that his statements to members of the Senate Judiciary Committee were simply those of an appeals court judge seeking a promotion and were never intended to be taken too seriously?

In other (amusing) news, some conservatives are latching onto the holiday theme, suggesting only Samuel Alito can save Christmas. I think I saw that cartoon when I was a kid... something about an island of misfit toys and a Third Circuit judge swooping in to save the day. In any event, it looks like we'll be recording our next show on Thursday. Welcome aboard if you're a new listener!

Slate's Emily Bazelon has written an outstanding article on the "shoot in the back" case we referred to in SCW 34. You can read Shoot To Kill: Alito's blank check for cops here. Here's a snippet:

In a 15-page memo, he argued in favor of letting states give police the power to shoot to kill at their discretion whenever a suspect flees, whether or not he poses a threat. Alito's memo is written with his usual dispassion. But he's forceful in his belief that the Constitution has no role to play in a cop's decision about whether to shoot an unarmed suspect.

More to come on this case, to be sure.

On the tech front (i.e. feel free to skip this if it makes you sleepy), we've just updated our Odeo feed. Click on our Odeo Channel (odeo/31867e600dc3d102) if you want to check us out through there.

Another 1985 memo, concern at Princeton and voting rights

SCW 34

Intro

• News views and insight on the future of the Supreme Court
• Shownotes and blog at supremecourtwatch.org - hit the podcast badge
• Intro the roundtable

May 1985 - parachute pants, The Breakfast Club, and... an Alito memo

• 1985 memo sets out strategy to overturn Roe - click here for the memo (PDF)
• Alito Sketched Strategy to Overturn Roe in '85, Los Angeles Times
• Alito Helped Craft Reagan-Era Move To Restrict 'Roe', Washington Post
• Just an employee of the administration (Bench Memos blog) or insight on philosophy?
• AFJ response
• Sidebar - Ayotte v. Planned Parenthood argued before the Court on Wednesday
• Shooting in the back and Due Process

Dahlia Lithwick on The Al Franken Show

• Clip - Alito and police power and war on terror
• Commentary

Senate Judiciary Committee questionnaire

• Alito's Recollections of Princeton Club, Washington Post.com's Campaign for the Court blog
• Original article from the Associated Press
• Judge Alito and the Concerned Alumni of Princeton, Balkinization blog
• The questionnaire - link (PDF)

Sam I Am - Voting Rights

• Criticized the "one person one vote" rulings on the 1985 job application
• SCOTUS cases have rejected disproportionate favoritism of rural over urban areas
• Strict equal population remedy set up - possibly causes gerrymandering?
• One Person, One Filibuster?, Rick Hasen - FindLaw.com
• Alito's Stance on One Man, One Vote Is Debated, Washington Post
• White House Says Alito Was Assuring on Districting, New York Times
• Voting Cases Could Shape Debate Over Alito, Wall Street Journal
• Sen. Specter to ask questions on the issue (see his letter here (PDF))

Magic 8 Ball

• Would Sam Alito vote differently than Justice O'Connor on NH's parental notification law in the Ayotte case?
• Will Tai Shan, the National Zoo's baby panda, follow the usual child star route and let all of the sudden publicity, attention and adoration go to his head, causing a Todd Bridges-like backlash that will end in a convenience store robbery?

Close

• Shownotes - podcast badge on supremecourtwatch.org
• Email - podcast@afj.org

If you're an iTunes user (and most of you are according to our handy-dandy stats aggregator), check out the Podcast directory... Supreme Court Watch is one of the featured political podcasts. Sure we're on page 2, but it's still kind of cool to see the SCW microphone there!

In celebration, we're going to do exactly nothing out of the ordinary. We'll be gathering the roundtable today in Studio 1A and should have a show up sometime later in the day tomorrow. Stay tuned!

Memo: Alito Urged Government to Challenge Roe v. Wade, Washington Post

Supreme Court nominee Samuel A. Alito Jr. was an architect of the Reagan administration's failed 1985 attempt to have the high court consider overruling Roe v. Wade, according to a memo from the period released today.

Alito, then assistant to the solicitor general, urged his boss to use a case before the court to "make clear that we disagree with Roe v. Wade and would welcome the opportunity to brief the issue of whether, and if so to what extent, that decision should be overruled."

In the memo, Alito suggested that the government challenge Roe in an amicus, or friend-of-the-court, brief in an abortion case that itself did not challenge the 1973 decision legalizing abortion. This approach, he wrote, is better than a "frontal assault."

Here is the AFJ statement on the memo at the heart of the article:

The 1985 memo that came to light today reveals precisely what Supreme Court nominee Samuel Alito was talking about when, in a 1985 job application released two weeks ago, he declared that he was proud to have joined the Reagan administration's effort to scuttle women's reproductive freedoms. The memo shows that Samuel Alito worked in the boiler room as one of the chief engineers of a multi-tiered strategy to reverse Roe v. Wade.

Unlike Chief Justice John Roberts, Judge Alito cannot claim that he was simply a government lawyer doing government work. The memo released today illustrates his dedication to eliminating a woman's right to choose - a dedication that carried through to his dissenting opinion on the Third Circuit in Planned Parenthood v. Casey. Casey was the only case he has ruled on that presented an open question regarding reproductive freedoms. And in Casey, as in the memo released today, he devised a way to hollow out a vital right.

With the memo, Alito promoted "the goals of bringing about the eventual overturning of Roe v. Wade, and in the meantime, of mitigating its effects." There is little doubt that he would do likewise if elevated to the Supreme Court.

Check in again tomorrow... SCW 34 should be up midafternoon Thursday!