who said that?
[They looked at the TV and went out shaking their heads.]
been there, had that happen here.
Leahy is even lower than I thought.....he questions the motives of these judges.
4:43: Senator Hatch asks Judge Becker, the "101st Senator," about Judge Alito's handling of the application of circuit precedents. It has been implied that Alito selectively applies precedents. Hatch is asking how Becker would categorize Alito's approach to precedent.
Becker says Alito followed precedent unless a case was dicta or could be distinguished.
4:41: Senator Hatch is up. He cares for Judge Aldisert. He "got emotional." With few exceptions Hatch loves the federal courts. Exceptions they could name. Afterall, says Hatch, Congress passes unconstitutional legislation all the time.
Senator Hatch is answering Senator Feinstein's question. Saying that Alito said that Casey modified Roe and they are settled.
4:39: Senator Feinstein was puzzled when she read Roberts' statement on Roe. Roberts said he felt that Roe was settled law. Feinstein asked Judge Alito if he agreed with Roberts and Roberts said it depends on what settled means. Senator Feinstein asks Judge Barry what that meant.
The Judges are declining to respond.
4:37: Judge Becker is responding. Asking Senator Feinstein to keep in mind that 80-85% of cases are affirmed. That evaluations might be skewed. He's never seen any evidence that Alito is against the little guy - the big guy might have been winning in the district court.
Judge Aldisert is pointing out that the reversal rate is actually lower.
Judge Barry points out the constraints of various standards of review.
4:36: Senator Feinstein is thanking the panel. She is asking the panel how they look at the evaluations that have been done on Alito's jurisprudence that show him against the "little man."
4:33: Judge Aldisert is pointing out that Alito is of Italian origin and that such Americans faced discrimination until recently.
Judge Gibbons said it. He doesn't like Bush either which makes that statement even better.