Here are excerpts from the text of a speech prepared for delivered Wednesday on the floor of the U.S. Senate by Sen. Wayne Allard in support of the confirmation of Supreme Court nominee Samuel Alito, as provided by Allard’s office.
The text contains minor differences from the speech as delivered.
Judge Alito has the experience, intellect, temperament, and integrity required of a Supreme Court justice. He has more judicial experience than any Supreme Court nominee in 70 years. In his 15 years on the U.S. Court of Appeals for the Third Circuit, Judge Alito participated in over 1,500 cases and authored more than 350 opinions.
Judge Alito has served as a judge on one of the nation’s highest courts, as the top federal prosecutor in one of the nation’s largest federal districts, and as an advocate for the United States in the Office of the Solicitor General. His 30 years of public service spans the full breadth of the law.
Judge Alito is unarguably a highly qualified nominee. However, I told the citizens of Colorado that I would also evaluate judicial nominees on their judicial philosophy and commitment to the rule of law. Specifically, I pledged to support judges who rule on the law and facts before them — not judges who attempt to legislate from the bench. Judge Alito’s judicial philosophy corresponds with that promise.
Judge Alito recognizes the limited role of the federal judiciary, having observed that “although the judiciary has a very important role to play, it’s a limited role. … It should always be asking itself whether it is straying over the bounds, whether it’s invading the authority of the legislature, for example, whether it is making policy judgments rather than interpreting the law.
Judge Alito also recognizes the limits on the powers of the Executive Branch, and he recognizes that, ‘No person in this country, no matter how high or powerful, is above the law, and no person in this country is beneath the law.’ This statement reflects his commitment to a principle so fundamental to justice in this country that it is carved in stone over the entrance to the Supreme Court: ‘EQUAL JUSTICE UNDER LAW.’
In sum, Judge Alito will serve as an effective steward of the law and Constitution. His record evidences a deep respect for the separation of powers and other fundamental principles envisioned by our founding fathers. I have no reason to believe Judge Alito will be deferential to anyone or anything other than the law and the facts before him.
As a representative of Colorado, I also appreciate the uniqueness of the issues important to our state and the West. The departure of Justice O’Connor and Chief Justice Rehnquist marks the loss of a Western presence on the Supreme Court.
Earlier this year, I asked President Bush to nominate a judge who could capably decide issues important to Colorado and the West, such as water and resource law.
When I asked Judge Alito about his understanding of Western resource and water law, I was pleased to learn that he grew to appreciate the importance and complexity of these issues while working in the U.S. Solicitor General’s Office. He assured me that he understands the uniqueness to the West of such issues as water rights, the environment, and public lands.
Judge Alito’s jurisprudence and integrity have been praised by major newspapers, legal scholars, former law clerks, and colleagues from both sides of the aisle. The American Bar Association unanimously awarded Judge Alito its highest rating of ‘well qualified.’ … The judges with whom he has served on the Third Circuit offer their praise.
Judge Alito is deeply committed to the rule of law, he recognizes the limited role of the judiciary, and he has the judicial temperament befitting of a Supreme Court justice.
It would be unfortunate and irresponsible for any of my Senate colleagues to continue to politicize the judicial confirmation process. Judge Alito is eminently qualified, and he deserves a swift up-or-down vote.
I intend to vote in favor of Judge Samuel Alito’s confirmation as the 110th Associate Justice to the United States Supreme Court and I strongly urge my colleagues to do the same.
