NEW YORK CITY BAR ASSOCIATION FINDS JUDGE ALITO
QUALIFIED FOR U.S. SUPREME COURT
The New York City Bar Association
has concluded that Judge Samuel A. Alito, Jr.
is qualified to be a Justice of the United States
Supreme Court. The Association’s Executive
Committee, chaired by William F. Kuntz, II, has
found that Judge Alito possesses, to a substantial
degree, all of the qualifications enumerated
in the Guidelines established by the Association
for considering nominees to the Supreme Court.
According to New York City Bar President Betsy
Plevan, “The Association’s evaluation
of Judge Alito continues its rich history of
evaluating judicial candidates for over 135 years
in a non-partisan manner, based on the nominee’s
competence and merit, devoid of ideology.” In
conducting its evaluation, the Executive Committee
considers the nominee’s qualifications
in light of the following guidelines, first adopted
in 1990:
• Exceptional legal ability;
• Extensive experience and knowledge in law;
• Outstanding intellectual and analytical
talents;
• Maturity of judgment;
• Unquestionable integrity and independence;
• A temperament reflecting a willingness to
search for a fair resolution of each case before
the court;
• A sympathetic understanding of the court’s
role under the Constitution in the protection of
the personal rights of individuals;
• An appreciation for the historic role of
the Supreme Court as the final arbiter of the meaning
of the U.S. Constitution, including a sensitivity
to the respective powers and reciprocal responsibilities
of the Congress and Executive.
The guidelines do not provide for gradation
of ratings; qualified and unqualified are the
only ratings employed. Agreement with judicial
philosophy or predictions on how a nominee might
rule on upcoming issues are not part of the Association’s
evaluation.
Before reaching this conclusion, the Executive
Committee received a detailed report from its
subcommittee. The subcommittee, chaired by Jeh
Johnson and Barry Kamins, read extensive materials,
including: written opinions of Judge Alito as
a judge of the U.S. Court of Appeals for the
Third Circuit, briefs written by Judge Alito
while he served as Assistant Solicitor General,
articles and publicly available speeches of Judge
Alito, materials relating to his confirmation
as a Circuit Judge in 1990 and relating to his
nomination to the Supreme Court, and other publicly
available materials by and concerning Judge Alito.
Judge Alito did not accept an invitation to be
interviewed. However, the subcommittee conducted
numerous telephone interviews of individuals
familiar with Judge Alito, including present
and former District Court Judges within the Third
Circuit, former law clerks, attorneys who had
appeared before him and academics. The subcommittee
also received and considered comments from the
membership of the New York City Bar Association.
As of the issuance of this statement, new information
about Judge Alito becomes available on a daily
basis. The Association may choose to reconsider
its rating of Judge Alito if information material
to his qualifications emerges.
In this statement, we advise the U.S. Senate
as to the Association’s findings with regard
to the guidelines stated above. According to
Ms. Plevan, “While the Association has
found Judge Alito qualified under our guidelines,
the United States Senate has an obligation to
consider criteria not included in our analysis,
including the effect of the nomination on pressing
societal issues and its impact on the balance
of the court. We therefore urge the Senate, in
fulfillment of its vital role in the confirmation
process, to thoroughly examine the nomination
of Judge Alito to determine his suitability to
serve as a Justice of the United States Supreme
Court.”
Finally, although not relevant
to Judge Alito’s
qualifications for the court, we must observe
that with this nomination and the nomination
of Chief Justice Roberts, the President has neglected
an historic opportunity to enhance the diversity
of our only national court. The New York City
Bar Association promotes increasing diversity
in the legal profession and on the bench. The
Supreme Court of the United States of America
has historically benefited from different experiences
and perspectives. A wisely diverse bench has
more than a symbolic resonance. It reminds all
citizens that equal justice under law lives as
a central tenet in our truly diverse nation.
About the Association
The Association of the Bar of the City of New
York (www.nycbar.org) was founded in 1870,
and since then has been dedicated to maintaining
the high ethical standards of the profession,
promoting reform of the law, and providing
service to the profession and the public.
