Born 1950 in Trenton, NJ

Federal Judicial Service:
U. S. Court of Appeals for the Third Circuit
Nominated by George H.W. Bush on February 20, 1990, to a seat vacated by John Joseph Gibbons; Confirmed by the Senate on April 27, 1990, and received commission on April 30, 1990.

Education:
Princeton University, A.B., 1972

Yale Law School, J.D., 1975

Professional Career:
Law clerk, Hon. Leonard I. Garth, U.S. Court of Appeals, Third Circuit, 1976-1977
Assistant U.S. attorney, District of New Jersey, 1977-1981
Assistant to the U.S. solicitor general, U.S. Department of Justice, Washington, DC, 1981-1985
Deputy assistant U.S. attorney general, U.S. Department of Justice, Washington, DC, 1985-1987
U.S. Attorney for the District of New Jersey, 1987-1990

Race or Ethnicity: White

Gender: Male

See Samuel Alito Supreme Court nomination for details on his nomination.

Samuel A. Alito, Jr.

Samuel Anthony Alito Jr. (born April 1, 1950) is a judge on the United States Court of Appeals for the Third Circuit. On October 31, 2005, President George W. Bush nominated him to the position of Associate Justice of the United States Supreme Court, to replace retiring Justice Sandra Day O'Connor.

Personal life

Standing in front of a portrait of former President Bill Clinton, Martha Alito (right), daughter Laura (left) and son Philip (center) look on as President Bush announces Samuel Alito's nomination on October 31, 2005

Alito in the 1972 Princeton yearbook: "Sam intends to go to law school and eventually to warm a seat on the Supreme Court."

Alito was born in Trenton, New Jersey to Samuel A. Alito Sr., and his wife, the former Rose Fradusco. He attended Steinert High School in Hamilton, New Jersey. He graduated from Princeton University with an A.B. in 1972, and attended Yale Law School, where he served as editor on the Yale Law Journal and earned a J.D. in 1975. Alito's father, who is now deceased, was a high school teacher and then became the first Director of the New Jersey Office of Legislative Services, a position he held from 1952 to 1984. Alito's mother is a retired schoolteacher. Alito's sister, Rosemary, is regarded as one of New Jersey's top employment lawyers.

At Princeton, Alito led a student conference in 1971 called "The Boundaries of Privacy in American Society" which, among other things, supported curbs on domestic intelligence gathering; called for the legalization of sodomy; and urged for an end to discrimination against homosexuals in hiring by employers. [1]. During said conference, Alito stated that "no private sexual act between consenting adults should be forbidden." Alito also was part of the conservative Concerned Alumni of Princeton which formed in 1972.^[2] The executive committee of CAP published a statement in December 1973 that opposed "adoption of a sex-blind admission policy". By 1985, thirteen years after his Princeton graduation, Alito touted his membership in the conservative group while readying his job application for the Reagan Administration. [3] However, Alito has recently distanced himself from the Concerned Alumni group, saying that he doesn't remember being a part or anything about it. This may be because the group has been decried as far-right and extremist, especially in a report that was contributed to by recent Princeton alumnus Bill Frist. Many Alito opponents say that Alito's affiliation with Concerned Alumni points to his extreme conservative ideaology.

While a sophomore at Princeton, Alito received the (low) lottery number of 32, in a Selective Service drawing on December 1, 1969. In 1970, he became a member of the school's Army ROTC program, attending a six-week basic summer camp that year at Fort Knox, Kentucky, in lieu of having been in ROTC during his first two years in college. Graduating in 1972, Alito left his lofty aspirations in his yearbook, hoping he said to "eventually warm a seat on the Supreme Court."^[4]

He was commissioned as a Second Lieutenant in the Signal Corps after his graduation and assigned to the Army Reserve, one of nine in his class to receive a commission in the Army Reserve. Following his graduation from Yale Law School in 1975, he served on active duty from September to December, 1975, while attending the Officer Basic Course for Signal Corps officers at Fort Gordon, Georgia. The remainder of his time in the Army was served in the inactive Reserves. He had the rank of Captain when he received an Honorable Discharge in 1980.[5][6]

Since 1985, Alito has been married to the former Martha-Ann Bomgardner, once a law librarian with family roots in Oklahoma. They live in West Caldwell, New Jersey and have two children: Philip and Laura.

Judge Alito's friends describe him as "a studious, diligent, scholarly judge with a first-rate mind and a deadpan sense of humor, a neutral arbiter who does not let personal beliefs affect his legal judgments." [7]

Career

• 1976 – 1977 — Law clerk for Leonard I. Garth of the Third Circuit.
• 1977 – 1981 — Assistant United States Attorney, District of New Jersey.
• 1981 – 1985 — Assistant to Solicitor General Rex E. Lee.
• 1985 – 1987 — Deputy Assistant to Attorney General Edwin Meese.
• 1987 – 1990 — United States Attorney for the District of New Jersey.
• 1990 – pres. — Judge on the United States Court of Appeals for the Third Circuit
• 1999 – 2004 — Adjunct Professor of Law at Seton Hall University School of Law in Newark, New Jersey.

Alito upon his induction as a U.S. Third Circuit Court of Appeals judge, 1990

Alito argued twelve cases before the Supreme Court for the federal government during his tenure as assistant to the Solicitor General. While serving as an attorney for New Jersey, he prosecuted many cases that involved drug trafficking and organized crime. [8]

In his 1985 application for Deputy Assistant to the Attorney General, Alito espoused conservative views, naming William F. Buckley, Jr., the National Review, Alexander Bickel, and Barry Goldwater's 1964 campaign as major influences. He also expressed concern about Warren Court decisions in the areas of criminal procedure, the Establishment Clause, and reapportionment. He stated he was proud to prepare cases arguing that "racial and ethnic quotas should not be allowed and that the Constitution does not protect a right to an abortion." [9]

Alito was nominated by George H. W. Bush on February 20, 1990 to the United States Court of Appeals for the Third Circuit. Alito was rated by the American Bar Association as “Well Qualified” at the time of his nomination. He was confirmed by unanimous consent in the Senate on April 27, 1990[10]. As a Third Circuit judge, his chambers are in Newark, New Jersey.

As adjunct professor at Seton Hall University School of Law, Alito has taught courses in Constitutional Law and an original course on terrorism and civil liberties. In 1995, Judge Alito was presented with that law school’s Saint Thomas More Medal, "in recognition of his outstanding contributions to the field of law." [11]

He is known for his judicially conservative rulings. In one of his most well-known opinions, he dissented in a 2–1 decision in Planned Parenthood v. Casey in 1991. In that case, he voted to uphold a Pennsylvania law that required women to inform their husbands before having an abortion, noting that the law allowed certain exceptions, such as an abusive spouse. The Supreme Court struck down the law in 1992. In another case involving a warrant, Judge Alito took the dissenting viewpoint which allowed the unauthorized strip search of a mother and her 10 year old daughter in their home although the warrant did not name them. Lawrence Lustberg, a criminal defense attorney and friend of Alito, says that he is "very prosecutorial from the bench. He has looked to be creative in his conservatism, which is, I think, as much a Rehnquist as a Scalia trait." [12] Affectionate law clerks created a blend of coffee, a mixture of Colombian, Java and New Guinea with a bit of espresso, in his honor. At the T.M. Ward Coffee Co. coffeehouse in downtown Newark, "Judge Alito's Bold Justice Blend" sells well.^[13]

Nomination to U.S. Supreme Court

Samuel Alito acknowledges his nomination, with President George W. Bush looking on.

Bush nominated Alito to the position of Associate Justice of the Supreme Court on October 31, 2005. Alito is the third nominee to Justice Sandra Day O'Connor's seat, which she will not vacate until a replacement is confirmed. Following O'Connor's announcement, on July 1, 2005, that she would retire, it was widely reported that Alito had been narrowly passed over as her replacement; President Bush instead nominated John Roberts, who was then re-nominated to fill William Rehnquist's post following the Chief Justice's death on September 3, 2005. On October 3, White House counsel and Bush confidante Harriet Miers was nominated to fill O'Connor's spot. Miers withdrew her acceptance of the nomination on October 27 after encountering wide-spread opposition.

Alito was initially interviewed for the job June 24, 2001, by then-White House Counsel Alberto Gonzales. He was again interviewed May 5, 2005 by Vice President Dick Cheney, Attorney General Gonzales, White House Chief of Staff Andy Card, Karl Rove, White House Counsel Harriet Miers and the Vice President's chief of staff, I. Lewis Libby. President Bush interviewed him in person on July 14, 2005. [14]

In announcing his nomination, Bush stated, "He's scholarly, fair-minded and principled and these qualities will serve him well on the highest court in the land. [His record] reveals a thoughtful judge who considers the legal merits carefully and applies the law in a principled fashion. He has a deep understanding of the proper role of judges in our society. He understands judges are to interpret the laws, not to impose their preferences or priorities on the people." [15] Alito, in accepting the nomination, said, "Federal judges have the duty to interpret the Constitution and the laws faithfully and fairly, to protect the constitutional rights of all Americans, and to do these things with care and with restraint, always keeping in mind the limited role that the courts play in our constitutional system. And I pledge that if confirmed I will do everything within my power to fulfill that responsibility." [16]

Case history

LexisNexis reports that Alito has written more than 700 opinions.

Abortion

• Samuel Alito supported limited abortion rights in 3 out of 4 rulings as described below. [17]

• A dissenting opinion in Planned Parenthood v. Casey, 947 F.2d 682 (3d Cir. 1991), arguing that a Pennsylvania law that required women seeking abortions to inform their husbands should have been upheld. Judge Alito wrote:

"[t]he Pennsylvania legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands' knowledge because of perceived problems — such as economic constraints, future plans, or the husbands' previously expressed opposition — that may be obviated by discussion prior to the abortion." He added some exceptions: "These exceptions apply if a woman certifies that she has not notified her husband because she believes [FN4] that (1) he is not the father of the child, (2) he cannot be found after diligent effort, (3) the pregnancy is the result of a spousal sexual assault that has been reported to the authorities, or (4) she has reason to believe that notification is likely to result in the infliction of bodily injury upon her."

The Supreme Court ruled against Alito's position in a plurality decision, in which five justices ruled that a spousal notification requirement violated the woman's rights. Rehnquist's dissent quoted Judge Alito and expressed support for his reasoning.

• A majority opinion in Planned Parenthood of Central New Jersey v. Farmer, 220 F.3d 127 (3rd Cir. 2000), [18] in which Judge Alito recognized that a New Jersey law banning intact dilation and extraction (commonly called "partial-birth abortion") was unconstititional in light of the then recent Supreme Court case of Stenberg v. Carhart, 530 U.S. 914, 120 S.Ct. 2597, 147 L.Ed.2d 743 (2000), which struck down a nearly identical law in Nebraska.
• In 1995, voted to strike down an abortion restriction in a Pennsylvania law that required women seeking to use Medicaid funds to abort a pregnancy resulting from rape or incest to report the incident to law enforcement officials and identify the offender.
• Ruled the Constitution does not afford protection to the unborn in a 1997 challenge to a New Jersey law that prevents parents from suing for damages on behalf of the wrongful death of a fetus.

Federalism

• A dissenting opinion in United States v. Rybar, 103 F.3d 273 (3d Cir. 1996), arguing that a U.S. law banning private citizens from owning submachine guns was outside the authority of Congress under the Commerce Clause of the U.S. Constitution in light of the then recently decided United States v. Lopez.
• A majority opinion in Chittister v. Department of Community & Economic Development, 226 F.3d 223 (3d. Cir. 2000), which held that due to sovereign immunity states could not be sued under the Family and Medical Leave Act.

First Amendment

• A majority opinion in Saxe v. State College Area School District, 240 F.3d 200 (3d Cir. 2001) [19], holding that the public school district's anti-harassment policy, which prohibited harassment based on sexual orientation among other criteria, was unconstitutionally overbroad and therefore violated First Amendment guarantees of free speech. Alito wrote: No court or legislature has ever suggested that unwelcome speech directed at another's 'values' may be prohibited under the rubric of anti-discrimination.
• A dissenting opinion in Banks v. Beard, 399 F.3d 134 (3d Cir. 2005), arguing that the prison policy prohibiting inmates of a segregated unit from accessing news media or family photographs was not a violation of the First Amendment. Alito reasoned:[20]

[T]here is a "rational" relationship between that restriction and the legitimate penological objective of deterring misconduct. It is "rational" for corrections officials to think that inmates who are not in Level 2 will be deterred from engaging in serious misconduct because they do not want to be transferred to that unit and thus to be subjected to the restrictions that accompany that assignment. It is also "rational" for corrections officials to think that inmates who are in Level 2 will be deterred from engaging in serious misconduct while in that unit because they wish to be transferred out and thus to escape such restrictions.

• A majority opinion in Child Evangelism Fellowship of N.J., Inc. v. Stafford Twp. Sch. Dist., 386 F.3d 514 (3d Cir. 2004) involving the Establishment Clause. The court found that a school district could not preclude an evangelical group from distributing its newsletters where the school district permitted other private groups to do the same.
• A majority opinion in Blackhawk v. Pennsylvania, 381 F.3d 202 (3d Cir. 2004), involving the Free Exercise Clause. The case involved a Native American's ritual that used black bears. The state denied the plaintiff an exemption to a $200/year exotic wildlife dealer permit to keep the bears under the state's Game and Wildlife Code. The court found that the code invoked strict scrutiny. The majority found the code was "substantially" under-inclusive and did not satisfy strict scrutiny.

• A majority opinion [21] in ACLU v. Schundler, 168 F.3d 92 (3d Cir. 1999), addressing the circumstances under which a government-sponsored holiday display may or may not contain religious symbols. The case held that a holiday display consisting solely of religious symbols was impermissible, but a mixed display including both secular and religious symbols was permissible if balanced in a generally secular context. The decision relied on a previous Supreme Court decision that had permitted such mixed displays. The ACLU had argued that a previous city display that was ruled unconstitutional because it lacked secular symbols colored the purpose of the new display.

• A dissenting opinion in C.H. v. Oliva et al. (3rd Cir., 2000)[22] arguing that the removal and subsequent replacement in "a less conspicuous spot" of a kindergartener's religious themed poster was, at least potentially, a violation of his right to Free Expression

• A unanimous opinion in Police v. City of Newark, 1999; [23] allowing Muslim police officers in Newark to keep their beards because "the Department makes exemptions from its policy for secular reasons and has not offered any substantial justification for refusing to provide similar treatment for officers who are required to wear beards for religious reasons."

• A unanimous opinion in The Pitt News v. Pappert, 2004, [24] upholding the right of student newspapers to carry alcohol advertisements on First Amendment grounds. "If government were free to suppress disfavored speech by preventing potential speakers from being paid, there would not be much left of the First Amendment. "

Harassment and discrimination

• A majority opinion in Williams v. Price, 343 F.3d 223 (3d Cir. 2003), [25] granting a writ of habeas corpus to a black state prisoner after state courts had refused to consider the testimony of a witness who stated that a juror had uttered derogatory remarks about blacks during an encounter in the courthouse after the conclusion of the trial.
• A dissenting opinion in Sheridan v. Dupont, 74 F.3d 1439 (3d Cir. 1996)(en banc). [26]. Alito would have required a plaintiff to meet a higher standard of evidence to survive a motion for summary judgment in a sex discrimination case, agreeing with a ruling by the 5th Circuit. Alito earlier wrote the majority opinion when the case was heard before a three-judge panel, [27] expressing a preference for the 5th Circuit's reasoning, but ruling according to 3rd Circuit precedent.
• A dissenting opinion in Bray v. Marriott Hotels, 110 F.3d 986 (3d Cir. 1997), [28] arguing that, when a Marriott housekeeping manager sued Marriott over being allegedly denied promotion on the basis of race, summary judgment in favor of the defendant was appropriate because the plaintiff had not presented enough evidence to allow a reasonable jury to conclude that every one of the reasons Mariott offered for having promoted someone else was a mere pretext. The majority responded that finding in favor of Marriott would have protected racist employers by “immuniz[ing] an employer from the reach of Title VII if the employer’s belief that it had selected the ‘best’ candidate was the result of conscious racial bias.”

Other case decisions

• A majority opinion in Fatin v. INS, 12 F.3d 1233 (3d Cir. 1993), rejecting an Iranian woman's petition for review of a deportation ruling and denying her asylum in the U.S. in spite of her gender and feminist ideas and the human rights issues in her home country. The opinion did establish, however, that women in slightly different situations might be able to establish an asylum claim if they would absolutely refuse to wear Islamic dress and would face death as a result.
• A majority opinion in Shore Regional High School Board of Education v. P.S., 381 F.3d 194 (3d Cir. 2004) [29], reinstating an administrative law judge's ruling in favor of parents who claimed the school system's failure to protect their child from bullying justified their placing him in a different high school.
• A dissenting opinion in Homar v. Gilbert, 89 F.3d 1009 (3d Cir. 1996), arguing that a state university need not hold a hearing before suspending a campus policeman without pay after he had been arrested on drug charges. The Supreme Court later agreed with Alito.
• A majority opinion in Southco, Inc. v. Kanebridge Corp., 390 F.3d 276 (3d Cir. 2004), [30] a copyright case discussing the issue of originality. Alito held that "the creative spark... utterly lacking in [a part's numbering system, and thus] these numbers are examples of works that fall short of the minimal level of creativity required for copyright protection."
• A majority opinion in United States v. Lee, 359 F.3d 194 (3rd Cir. 2004). Alito rejected a defendant's argument that his Fourth Amendment rights were violated by the introduction into evidence of a videotape recording of a meeting with an informant who consented to the videotaping.
• In a dissent to Doe v. Groody, Alito argued that qualified immunity should have protected police officers from a finding of having violated constitutional rights when they strip-searched a mother and her ten-year-old daughter while carrying out a search warrant that authorized the search of a residence. The mother and daughter were not referred to in the warrant, although the affidavit with the warrant requested permission to "search all occupants of the residence and their belongings". The court's opinion found that the warrant did not grant such permission, arguing that references to the affidavit in the Warrant were specific and the omission of the language in question from the warrant was not found to be the result of an error, clerical or otherwise.[31]

Conflict of interest question

On a questionnaire for the Senate Judiciary Committee in his court-of-appeals confirmation process in 1990, Alito said he would avoid a conflict of interest by not voting on cases involving First Federal Savings & Loan of Rochester, NY, and two investment firms, Smith Barney and Vanguard Group, because he held accounts with them. However, in 2002, Alito upheld a lower court's dismissal of a lawsuit filed against multiple investment company defendants, including Vanguard Group. When notified of the situation, Alito denied doing anything improper but recused himself from further involvement in the case.

On November 10, Judge Alito wrote Senator Specter, the chairman of the Senate Judiciary Committee, explaining his participation in the case [32]. He said that when he had originally listed Vanguard and Smith Barney in 1990, "my intention was to state that I would never knowingly hear a case where a conflict of interest existed. [...] As my service continued, I realized that I had been unduly restrictive."

Related Documents

• Response to a Senate Judiciary Committee questionnaire [33](Nov. 30 2005) (PDF), (Appendix1 Appendix2 Appendix3 Appendix4)
• ‘Personal Qualifications Statement’ when applying to be an Assistant Attorney General under Pres. Ronald Reagan. [34] (Nov. 15, 1985)
• Legal Memo written as Deputy Asst. Attorney General to the OMB’s General Counsel regarding OMB authority of FDIC funds. [35] (1986) (PDF)
• House Committee on the Judiciary testimony regarding unpublished court opinions opinions. [36](1990) (PDF)
• 2004 Financial Disclosure [37]
• 2003 Financial Disclosure [38]

Additional Information

Those who compare his ideology to that of conservative Supreme Court Justice Antonin Scalia have nicknamed him "Scalito" (a portmanteau of "Scalia" and "Alito" that appears to have originated in a 1992 National Law Journal article). Philadelphia journalist Shannon P. Duffy claims to have coined the nickname. [39] The National Italian American Foundation, a bipartisan organization that has supported Nancy Pelosi [40], has stated the use of the "Scalito" nickname "marginalizes [Alito's] outstanding record."[41]

If confirmed by the Senate, Alito would be the eleventh Catholic to serve on the Supreme Court (the others being Roger Taney, Edward Douglass White, Joseph McKenna, Pierce Butler, Frank Murphy, William J. Brennan, Antonin Scalia, Anthony Kennedy, Clarence Thomas, and John Roberts) and the fifth on the current Court (along with Chief Justice Roberts and Associate Justices Scalia, Kennedy, and Thomas), creating the first majority-Catholic Supreme Court in history, and together with the two Jewish justices (Ruth Bader Ginsburg and Stephen Breyer), a court with the most religious minorities (7 of 9 justices). See also: demographics of the Supreme Court of the United States.

He is a member in good standing of the Federalist Society, a group of conservatives and libertarians dedicated to reforming the current legal order.[42]

Notes

1. ^  "Alito joined conservative alumni group", Daily Princetonian, November 18, 2005
2. ^  "Alito needs to shed his CAP", Daily Princetonian, November 22, 2005
3. ^  "Alito has a record of steady conservatism, reputation for civility", Chicago Tribune, October 31, 2005
4. ^  "The appeals court judge is a contender", Philadelphia Inquirer, July 3, 2005