What We Really Need to Know About Sam Alito

Posted January 12, 2006 | 10:31 PM (EST)


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I have a solution for the increasingly contentious confirmation hearings of Judge Samuel Alito, Jr. As far as I'm concerned, the Democrats on the Senate Judiciary Committee are wasting their time asking Alito questions about abortion, executive power, and past memberships in conservative groups. There's only one query that will get to the heart of Alito's beliefs and give us a clue as to how Alito may impact our society for decades to come. What's the magic question?

"Judge Alito, what's your favorite movie?"

Back in September, during John Roberts' confirmation hearings, the Democratic senators were going ballistic trying to get Roberts to answer any of their questions. I thought Senator Feinstein was going to lose it during a discussion of right-to-die issues. During one of Roberts' long-winded responses, she cut him off, saying "That wasn't my question! I'm trying to see your feelings as a man, I'm not asking you for a legal view."

Senator Schumer, who early in the hearings said he was "pleasantly surprised" by the nominee's testimony was frothing at the mouth a few days later at Roberts' skillful technique for dodging questions.

"It's as if I asked you what kind of movies you like," Schumer said, "and you say, 'I like movies with good acting, I like movies with good directing, I like movies with good cinematography. And I ask you, 'No, give me an example of a good movie' and you don't name one. I say, 'Give me an example of a bad movie,' you won't name one. Then I ask you if you like Casablanca, and you respond by saying, 'Lots of people like Casablanca." You tell me it's widely settled that Casablanca is one of the great movies."

At this point, Committee Chairman Arlen Specter told Schumer that his time was up and called a recess. But as the senators and the crowd were standing to leave, Roberts raised his voice to say he'd like a chance to respond. After endless hours of evasion, he was finally going to answer a question head-on.

"Doctor Zhivago," said Roberts. "And North by Northwest."

Woo-hoo! As far as I'm concerned, you can tell more about a person by what movies they like than you can by evasive comments about cloning, the war on terror, or separation of church and state. I've never been a huge Zhivago fan, but I bet the conservative senators would have been surprised to discover the extremely left-wing politics of many of the actors in Roberts' favorite film. I couldn't help but think of a line that Rod Steiger's Komarovsky says about Omar Sharif's Dr. Zhivago:

"There are two kinds of men and only two. And that young man is one kind. He is high-minded. He is pure. He's the kind of man the world pretends to look up to, and in fact despises. He is the kind of man who breeds unhappiness, particularly in women. Do you understand?"

Roberts would have gotten my vote on North by Northwest alone. Again, I doubt
this film is a favorite of the religious right. Remember the sexy repartee between Cary Grant and Eva Marie Saint?

Eve Kendall: I tipped the steward five dollars to seat you here if you should come in.
Roger Thornhill: Is that a proposition?
Eve Kendall: I never discuss making love on an empty stomach.
Roger Thornhill: You've already eaten!
Eve Kendall: But you haven't.

Roger Thornhill: The moment I meet an attractive woman, I have to start pretending I have no desire to make love to her.
Eve Kendall: What makes you think you have to conceal it?
Roger Thornhill: She might find the idea objectionable.
Eve Kendall: Then again, she might not.

Whatever Democrats think about the new Chief Justice, at least we can be thankful he isn't home watching Knute Rockne, All American over and over again. You have to respect a guy who would rather watch Eva Marie Saint tease Cary Grant than see Ronald Reagan win another one for the damn Gipper.

So what is it, Sam? The Ten Commandments or The Seven-Year Itch? White Christmas or Blue Velvet? Passion of the Christ or Brokeback Mountain?

I'm not suggesting that a familiarity with the MGM film archive should become the new litmus test for Supreme Court nominees or replace questions about the person's understanding of the Constitution, but I'd sure be fascinated to learn which films resonate for Judge Alito. Can we pass legislation to get all nominees' Netflix queues placed into the public record?

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