Justice Alito Jabs Biden, Nursing Years-Old Grudge

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MARK SHERMAN | December 4, 2008 01:29 PM EST | AP

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WASHINGTON — His Supreme Court confirmation hearings three years old, Justice Samuel Alito apparently still harbors some hard feelings toward one Democratic questioner at the time.

Alito made several joking references to Vice President-elect Joseph Biden during an after-dinner speech Wednesday, including Biden's withdrawal from the 1988 presidential campaign over plagiarizing parts of a speech from a British politician.

"To coin a phrase, in the spirit of the vice president-elect, you can't always get what you want, but you get what you need," Alito said, an imperfect rendering of a Rolling Stones lyric.

Then, he added, "Did someone say that before?"

A bit later in his talk at an anniversary dinner for the conservative American Spectator magazine, Alito said he was about to quote liberally from a magazine article. "In the spirit of the vice president-elect, I want to honor the copyright laws," Alito said.

What could be the impetus for these comments?

Alito didn't specifically explain, but he recounted questions Biden asked during the Senate Judiciary Committee's consideration of his nomination.

Biden "became quite agitated about my supposed connections with a sinister Princeton University alumni group...that took up virtually his entire time during the first round," Alito said.

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The Senate approved his nomination 58-42, although both Biden and President-elect Barack Obama voted against Alito's confirmation.

"When I look at all the evidence before us, Judge Alito's writings, his statements, his judicial records and his opinions, and the little we learned about him in these hearings, I am forced to conclude that he should not serve in the Supreme Court," Biden said in January 2006.

A Biden spokesman did not immediately comment Thursday.

___

Alito also described change at the Supreme Court musically.

The late Chief Justice William Rehnquist favored standards and light opera. His successor, John Roberts, became the first justice to quote Bob Dylan in a Supreme Court opinion issued earlier this year, Alito said.

"In the space of a generation, we have gone from Irving Berlin to Bob Dylan," he said. "These are the evolving standards of a maturing society."

As for his own musical tastes, Alito said little, although he used song lyrics from James Taylor, Dylan and the Rolling Stones in his talk.

He conceded that as a high school student on New Year's Eve 1967, he sat at home and watched on television as Guy Lombardo and his Royal Canadians performed at the Waldorf Astoria hotel in New York. Alito said his parents liked the annual program.

___

The economy is on everyone's mind these days, even Roberts'. He has life tenure and an annual salary of more than $200,000.

But he sounded like an everyman this week at arguments in an environmental case over whether energy companies should have to install technology to reduce the number of fish that are killed at older power plants that draw in billions of gallons of water for cooling.

"I mean, maybe the industry could have borne these costs two years ago, but they probably can't today," Roberts said. "Nobody has money in the bank today."

WASHINGTON — His Supreme Court confirmation hearings three years old, Justice Samuel Alito apparently still harbors some hard feelings toward one Democratic questioner at the time. Alito made s...
WASHINGTON — His Supreme Court confirmation hearings three years old, Justice Samuel Alito apparently still harbors some hard feelings toward one Democratic questioner at the time. Alito made s...
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- JiminNC I'm a Fan of JiminNC 271 fans permalink
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Can't supreme court justices be impeached?

    Favorite    Flag as abusive Posted 03:25 PM on 12/04/2008
- bennofs I'm a Fan of bennofs 3 fans permalink

Justices serve lifetime appointments. Under the Constitution they can be removed from the Court only by first being impeached (accused) by a majority vote of the U.S. House of Representatives and then convicted by a two-thirds vote of the Senate. There is no precise standard for determining whether a justice has committed an impeachable offense, though the consensus is that removal should be for criminal or ethical lapses, not for partisan political reasons. No justice has ever been removed through this process, and only one justice of the Supreme Court has ever been impeached. In 1805 Justice Samuel Chase was impeached in the House by his political enemies, but the Senate failed to convict when it became apparent that Chase’s opponents were after him not because he had committed any wrongdoing but because they disagreed with his decisions. The possibility of impeachment may have been a factor in the resignation of Justice Abe Fortas, who left the Court in 1969 after allegations surfaced that he had accepted a questionable fee from a private foundation. Some conservative groups rallied for the removal of Chief Justice Earl Warren in the 1960s, but their efforts failed.

In the wake of the controversy over Abe Fortas’s financial practices, the Court became more restrained in its public activities­... Common practice now dictates that justices also remove themselves from politics, refraining from speaking out about controversial issues or pending legislatio­n...

    Favorite    Flag as abusive Posted 03:49 PM on 12/04/2008
- JJ30 I'm a Fan of JJ30 3 fans permalink

Gimme a break. Really??

    Favorite    Flag as abusive Posted 03:23 PM on 12/04/2008
- bogues I'm a Fan of bogues 42 fans permalink

well, I do hope that Justice Alito is more able to be reasonable in his court decisions than he appears to be in holding personal grudges. I am more than certain that Mr. Alito has on countless occassions, made points in law and in private, that were not exclusively his own and I doubt that he gave credit where credit was due, everytime.

    Favorite    Flag as abusive Posted 03:23 PM on 12/04/2008

Way to tweak the nose of the guy who's going to have a large say in selecting your new colleagues. What can he do to you right?

    Favorite    Flag as abusive Posted 03:22 PM on 12/04/2008
- gayinmt I'm a Fan of gayinmt 12 fans permalink
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LEAVE BRITNEY ALONE! JUST LEAVE HER ALONE.

    Favorite    Flag as abusive Posted 03:20 PM on 12/04/2008
- lynnn I'm a Fan of lynnn 42 fans permalink

Apparently Alito (who is supposedly a very religious person) doesn't know what the Bible says about holding grudges.

    Favorite    Flag as abusive Posted 03:19 PM on 12/04/2008
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Yea, energy companies sure are hurting. I think Judges sitting on the Supreme Court need to take a cut in pay... they make enough giving speeches.

    Favorite    Flag as abusive Posted 03:18 PM on 12/04/2008
- steamboat I'm a Fan of steamboat 44 fans permalink

As should former politicians, present politicians, broadcasters, celebrities, sports stars, civil-rights leaders, civic leaders, and so on........­They all need to take a cut in pay or on their elaborate pensions. Since they all make enough giving speeches. You agree?

    Favorite    Flag as abusive Posted 03:32 PM on 12/04/2008
- helonias I'm a Fan of helonias 229 fans permalink
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So I guess he's not one of those turn the other cheek christians

    Favorite    Flag as abusive Posted 03:15 PM on 12/04/2008
- Paisano I'm a Fan of Paisano 9 fans permalink
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Hey Alito... How did the vote go on Nov. 4th? We're moving left.... You are an embarrassment to all Italian Americans!

    Favorite    Flag as abusive Posted 03:12 PM on 12/04/2008

Odd that Alito would use the phrase "...a maturing society," as his own personal philosophy reflects a blatantly medieval - rather, antediluvian - mindset: a time when witches were burned at the stake! The reptilian part of his brain is the only part of him that seems to be "mature." I agree with "JGJames"; hopefully, with Obama-Biden, the "troglodyte" faction of The Supremes will be held in check, then relegated to the minority, where they belong!

    Favorite    Flag as abusive Posted 03:11 PM on 12/04/2008
- proudem I'm a Fan of proudem 13 fans permalink

Right on!!!

    Favorite    Flag as abusive Posted 03:37 PM on 12/04/2008
- poco767c I'm a Fan of poco767c 348 fans permalink
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You are a supreme court judge, yet you need to prop up you self esteem with snide jabs. Bravo you petulant child.

    Favorite    Flag as abusive Posted 03:09 PM on 12/04/2008
- Meah I'm a Fan of Meah 52 fans permalink
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I agree. Utterly unprofessional. Another Judge from the right playing politics. It is interesting that he would bring this up about Joe Biden. I would call that projection. Perhaps he sees the illegitimacy of his own arguments. Joe Biden is going to be our next Vice President and apparently Alito doesn't like it. Joe Biden isn't perfect, but he's paid his dues. And I do not know of many people who do not like Joe Biden. Except Alito. I think that Guy Lombardo says it all. We now know more about him, don't we? Wow. The Republicans are starting to speak up about losing their power, and they don't like it. Now old Joe is going to push Obama to pick someone so left leaning for the courts, Alito will cr ap his pants! Should have kept his trap shut!

    Favorite    Flag as abusive Posted 03:27 PM on 12/04/2008

Yo, Sam. Has it occurred to you that you're a Supreme because you were nominated by a dolt and a war criminal, the worst president in U.S. history? That context will always frame your judgeship.

    Favorite    Flag as abusive Posted 03:09 PM on 12/04/2008
- steamboat I'm a Fan of steamboat 44 fans permalink

Before you all come down on the judge, lets remember it was Biden making remarks about Alito. So remember the old saying, "he who lives in a glass house shouldn't throw stones'. Fact: Biden has been caught red-handed not once but twice for plagerism. Alito has every right to defend himself and point-fingers back. Its a personal spiff and has nothing to do with ideology or partisan-politics.

    Favorite    Flag as abusive Posted 03:06 PM on 12/04/2008
- Meah I'm a Fan of Meah 52 fans permalink
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It appears that the feeling is mutual. However, as a supreme, he should stay out of the fray. He is just smarting cause his party is OUT.

    Favorite    Flag as abusive Posted 03:30 PM on 12/04/2008
- laocoon I'm a Fan of laocoon 32 fans permalink

from the article it was Biden asking questions as part of his job-- deciding in the senate whether or not to affirm. this was just a gratuitous retribution by Alito doing something that is not part of his job. Alito's nomination was before the body in which Biden sits as a "judge" of those questions. biden is not before the SC. Do Senators now have to fear revenge if a judge nominee dislikes how they are questioned?

    Favorite    Flag as abusive Posted 05:17 PM on 12/04/2008
- LizM I'm a Fan of LizM 50 fans permalink

Actually, you are dead wrong about your assertion of plagiarism - another media-driven myth.

    Favorite    Flag as abusive Posted 10:56 PM on 12/04/2008
- steamboat I'm a Fan of steamboat 44 fans permalink

You are totally 100% positively without question WRONG.....­...

Biden even admitted to his plagerism and alpologized.

(1) He claimed he graduated with honors near top of law-school class at Syracuse. Fact: He finished at bottom.

(2) He copied almost word for word as his bio that of a British Labor candidate. Again, he was caught red-handed and did issue an apology.

    Favorite    Flag as abusive Posted 12:54 PM on 12/05/2008

Alito can go to the same hot hotel room as boosh, cheney & co. Take the elevator down far, far past the basement, take scalia with you and don't come back up! War criminals belong in the hot recesses down below the good earth.

    Favorite    Flag as abusive Posted 03:05 PM on 12/04/2008
- AurigaRa I'm a Fan of AurigaRa 27 fans permalink

too bad the dems let him (and Roberts) through...

The Supremes threat this election never moved me. If dems had wanted to stall
these asshats they could have. What's to say they will be any smarter with the next appt?

    Favorite    Flag as abusive Posted 03:03 PM on 12/04/2008
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