Re: [MLUG - DISCUSSION] Alito's first decision on the supreme court

[Mike Miller <EMAIL:PROTECTED>]

On Fri, 3 Feb 2006, Stephen Montgomery-Smith wrote:

> Jonathan King wrote:
> > On 2/2/06, Stephen Montgomery-Smith <EMAIL:PROTECTED> wrote:
> >
> > > The decision of Alito that is described here seems totally in line 
> > > with answers I remember Alito providing to Leahy when he was 
> > > questioned at the nomination hearings.  I really do get the sense that 
> > > I am going to end up admiring Alito very much.
> >
> >
> > Interestingly, nobody I have heard of argues against the fact that 
> > Alito is a smart guy or a thoughtful guy.  My (rather large) objection 
> > to him is his very consistent positions favoring business interests and 
> > an expansive interpretation of executive priviledge.  He also has made 
> > some pretty weird rulings in the past that were overturned by the 
> > Supremes; in fairness, this probably happens to a lot of Appeals Court 
> > justices.  But the strip-search-of-a-ten-year-old-without-warrant case 
> > was...man, that was just chilling.
>
> This last case I only heard about from a friend who had seen Alito 
> questioned about it by Kennedy during the nomination process.  I don't 
> recall the details, but basically Alito said that he found the strip 
> search of this girl very troubling - however, he was not asked to rule 
> on that aspect of the case, but on some other point of the law.


Here's some info on it:

http://www.boston.com/news/nation/washington/articles/2005/11/25/alitos_remark_on_strip_search_of_girl_10_prompts_questions?mode=PF

Apparently, he was asked to rule on that aspect.  Alito's view is that a 
search warrant for a premises includes authorization to search any persons 
found on those premises.  This view was not shared by all judges.  I have 
to say that I see Alito's point, but I guess the other judges feel that 
additional warrants should be obtained before strip searches are 
undertaken.

We have to worry a little about Alito's other views on criminal procedure:

http://moritzlaw.osu.edu/communications/newsreleases/2005/111605.html
http://moritzlaw.osu.edu/osjcl/eJournal_3-1.htm

We don't want to give too much authority to the police.  There is a 
balance and I'm concerned that Alito could push to far in one direction.

I'm more concerned about his views on executive privilege.  We'll see. 
Maybe it will be OK.  Altogether, he comes across as an authoritarian who 
sides with power against the weak and defenseless.

Mike

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