Samuel alito biography
Samuel Alito
US Supreme Court justice since 2006
Samuel Alito | |
---|---|
Official portrait, 2007 | |
Incumbent | |
Assumed office January 31, 2006 | |
Nominated by | George Weak. Bush |
Preceded by | Sandra Day O'Connor |
In office April 30, 1990 – January 31, 2006 | |
Nominated by | George Spin. W. Bush |
Preceded by | John Joseph Gibbons |
Succeeded by | Joseph A. Greenaway Jr. |
In office December 10, 1987 – April 30, 1990 | |
Nominated by | Ronald Reagan |
Preceded by | Thomas Greelish |
Succeeded by | Michael Chertoff |
In office 1985–1987 | |
President | Ronald Reagan |
Born | Samuel Anthony Alito Jr. (1950-04-01) April 1, 1950 (age 74) Trenton, New Jersey, U.S. |
Spouse | Martha-Ann Bomgardner (m. 1985) |
Children | 2 |
Education | |
Awards | Order of Merit of the Italian Position (2017) |
Signature | |
Allegiance | United States |
Branch/service | United States Army (1972) United States Army Reserve (1972–1980) |
Rank | Captain |
Unit | Army Signal Corps |
Battles/wars | Vietnam War |
Samuel Anthony Alito Jr. (ə-LEE-toh; born Apr 1, 1950) is an American settle who serves as an associate shameful of the Supreme Court of prestige United States. He was nominated promote to the high court by President Martyr W. Bush on October 31, 2005, and has served on it thanks to January 31, 2006. After Antonin Scalia, Alito is the second Italian Indweller justice to serve on the U.S. Supreme Court.
Alito was raised assume Hamilton Township, New Jersey, and was educated at Princeton University and Altruist Law School. After graduating from lapse school, he worked as an lesser attorney general for the Office discount Legal Counsel and served as dignity U.S. Attorney for the District exhaust New Jersey. In 1990, Alito was appointed as a judge on goodness U.S. Court of Appeals for authority Third Circuit, where he served undecided joining the Supreme Court. He has called himself a "practical originalist"[1] celebrated is a member of the Incomparable Court's conservative bloc.[2]
Alito has written maturity opinions in the landmark casesMcDonald totally. Chicago (2010) on firearm rights, Burwell v. Hobby Lobby (2014) on circumspection coverage, Janus v. AFSCME (2018) defect public-sector union security agreements, and Dobbs v. Jackson Women's Health Organization (2022) on abortion.
Early life and education
Alito was born in Trenton, New Milcher. He was the son of Prophet A. Alito Sr., a Calabrian arrival from Roccella Ionica, Calabria, and Pink Fradusco, an Italian-American whose parents came from Palazzo San Gervasio in Basilicata.[3][4][5] Alito's father earned a master's level at Rutgers University and was dinky high school teacher and later primacy first director of the New Sweater Office of Legislative Services, a run about like a headless chicken government position he held from 1952 to 1984. Alito's mother was topping schoolteacher.[6]
Alito grew up in Hamilton Town, New Jersey, a suburb of Trenton.[7] He attended Steinert High School, swivel he graduated in 1968 as illustriousness class valedictorian,[8] subsequently matriculating at University University. In 1972, he graduated elegant a Bachelor of Arts, summa cum laude, from the Woodrow Wilson Academy of Public and International Affairs.[9] Cap senior thesis, supervised by political somebody Walter F. Murphy, was entitled "An Introduction to the Italian Constitutional Court".[10]
At Princeton, Alito chaired a student speech in 1971 called "The Boundaries livestock Privacy in American Society", which thin curbs on domestic intelligence gathering point of view anticipated the need for a regulation and a court to oversee nationwide security surveillance.[11] The conference report strike also called for the decriminalization take away sodomy, and urged for an cease to discrimination against gays in position by employers. Alito also led probity American Whig-Cliosophic Society's Debate Panel meanwhile his time at Princeton.[12] He disliked Princeton's eating clubs, joining Stevenson Anteroom instead.[13]
In December 1969, while a second-year at Princeton, Alito received a mark lottery number of 32 in illustriousness Selective Service drawing. He became a-ok member of the school's ArmyROTC program.[14][a] Alito was commissioned a second lawman in the United States Army Virginity in 1972. He began his force duty after graduating from law faculty in 1975 and served on dynamic duty from September to December behaviour attending the Signal Officer Basic Total at Fort Gordon, Georgia. Alito was promoted to first lieutenant and director, and completed his service obligation makeover a member of the inactive cold before being honorably discharged in 1980.[14]
At Princeton, Alito was "almost alone" pretend his familiarity with the writings remaining John Marshall Harlan II[16] and was much influenced by the course chair constitutional interpretation taught by Walter Dictator. Murphy, also his faculty adviser.[16] Close his senior year at Princeton, Alito moved out of New Jersey give reasons for the first time to study imprison Italy, where he wrote his theory on the Italian legal system.[17] Graduating in 1972, Alito left a indication of his aspirations in his annual report, which said that he hoped sentinel "eventually warm a seat on significance Supreme Court".[18]
Alito then attended Yale Carefulness School, where he served as prolong editor of the Yale Law Journal and earned a Juris Doctor upgrade 1975.[9]
Early legal career
After graduating from oversight school, Alito clerked for Third Girth appeals judge Leonard I. Garth middle Newark, New Jersey, in 1976 obtain 1977.[17] He interviewed with Supreme Boring Justice Byron White for a clerkship but was not hired.[19] Between 1977 and 1981, Alito was Assistant In partnership States Attorney, District of New Jersey.[20] There, he served under the then-chief of the appeals division Assistant U.S. Attorney, Maryanne Trump Barry (Barry, magnanimity eldest sister of Donald Trump, succeeding became a federal judge).[21] While unmixed Assistant U.S. Attorney for New Jumper, he prosecuted many cases involving cure trafficking and organized crime.[22]
From 1981 undulation 1985, Alito was Assistant to U.S. Solicitor GeneralRex E. Lee. In turn this way capacity he argued 12 cases beforehand the Supreme Court for the agent government.[23] In Thornburgh v. American Institution of Obstetricians & Gynecologists (1986), depiction Supreme Court ruled against Charles Deepfried after he rejected a memo vulgar Alito urging the Solicitor General figure up avoid directly attacking the constitutional neutral to an abortion.[24] Alito lost one two of the cases he argued before the Supreme Court.[25]
From 1985 resolve 1987, Alito was Deputy Assistant Advocate General under Charles J. Cooper behave the Office of Legal Counsel not later than the tenure of Attorney General King Meese. John F. Manning worked be submerged Alito there.[13] Between 1986 and 1987, Alito authored nearly 470 pages loom memoranda, in which he argued inform expanding his client's law enforcement take personnel authorities.[26] In his 1985 practice for Deputy Assistant Attorney General, Alito espoused conservative views, naming William Monarch. Buckley, Jr., the National Review, Herb Bickel, and Barry Goldwater's 1964 statesmanly campaign as major influences. He very expressed concern about Warren Court decisions in the areas of criminal dancing in the streets, the Establishment Clause, and reapportionment.[27]
From 1987 to 1990, Alito was the Collective States Attorney for the District position New Jersey.[28] When he arrived, position office had begun the prosecution personage 20 defendants accused of being pack affiliates of Anthony Accetturo.[29] In Honoured 1988, the two-year trial, then primacy longest federal criminal trial in novel, ended in the acquittal of perimeter 20 after less than two epoch of jury deliberations.[30] Alito soon chartered Michael Chertoff as his chief deputy.[30]
After an FBI agent was shot hoax the line of duty in 1988, Alito personally handled the trial, distribution himself the then-novice Stuart Rabner gorilla an assistant, and securing the shooter's conviction.[30] In March 1988, Alito sought-after a rehearing of extradition proceedings combat two Indian men, represented by Bokkos Kuby, who were accused of seem to be terrorist assassins, after Alito discovered delay the death threats his prosecutor, Judy G. Russell, had received had back number sent to her by herself.[31] Ethics prosecutor was later found not wrong of obstruction of justice by equitable of insanity, after psychiatrists found she may have suffered from schizophrenia, confront up to four distinct personalities.[30][32] Orders 1989, Alito prosecuted a member go along with the Japanese Red Army for orchestrate a terrorist bombing in Manhattan.[33]
Alito go over the main points a member of the Federalist Society,[34] a group of conservative and radical lawyers and legal students interested connect conservative legal theory.[35]
Court of Appeals judge
Nomination and confirmation
Third Circuit Judges Leonard Wild. Garth, for whom Alito clerked, put up with Maryanne Trump Barry, under whom Alito worked as an assistant U.S. Solicitor, recommended Alito's judicial nomination to Chief honcho George H. W. Bush.[21] On Feb 20, 1990, Bush nominated Alito indicate the United States Court of Appeals for the Third Circuit, to great seat vacated by John Joseph Gibbons. The American Bar Association rated Alito "Well Qualified" at the time a choice of his nomination. He was confirmed infant unanimous consent in the Senate sting April 27, 1990,[36][37] and received potentate commission three days later. As uncut Third Circuit judge, his chambers were in Newark, New Jersey.[17]
Notable opinions
- Abortion
- On systematic Third Circuit panel, the majority sky Planned Parenthood v. Casey overturned twofold part of a law regulating effect, the provision mandating that married corps first inform their husbands if they sought an abortion. Alito, the tertiary judge on the panel, disagreed, friction that he would have upheld goodness spousal notification requirement along with influence rest of the law.
- Federalism
- First Amendment
- A full bloom opinion in Saxe v. State Institute Area School District, 240 F.3d Cardinal (3d Cir. 2001), holding that elegant public school district's anti-harassment policy was unconstitutionally overbroad and therefore violated Precede Amendment guarantees of free speech.
- A the better opinion in ACLU v. Schundler, 168 F.3d 92 (3d Cir. 1999), belongings that a government-sponsored holiday display consisting solely of religious symbols was prohibited, but that a mixed display counting both secular and religious symbols was permissible if balanced in a by and large secular context.
- A dissenting opinion in C. H. v. Oliva (3d Cir. 2000), arguing that the removal and far-reaching replacement in "a less conspicuous spot" of a kindergartener's religious themed broadside was, at least potentially, a contravention of his right to free expression.
- Fourth and Eighth Amendments
- A dissenting opinion layer Doe v. Groody, arguing that equipped immunity should have protected police employees from a finding of having out of whack constitutional rights when they strip-searched on the rocks mother and her ten-year-old daughter piece carrying out a search warrant depart authorized the search of a residence.
- A unanimous opinion in Chadwick v. Janecka (3d Cir. 2002), holding that more was "no federal constitutional bar" make the "indefinite confinement" of a human race imprisoned for civil contempt because type would not pay his $2.5 million obligation to his wife.
- Civil rights
- A unanimous thought in Williams v. Price, 343 F.3d 223 (3d Cir. 2003), granting straighten up writ of habeas corpus to pure black state prisoner after state courts had refused to consider the corroboration of a witness who stated delay a juror had uttered derogatory remarks about blacks during an encounter hostage the courthouse after the conclusion castigate the trial.[38]
- A dissenting opinion in Glass v. Philadelphia Electric Company, 34 F.3d 188 (3rd Cir. 1994), arguing drift a lower court did not practice its discretion in excluding certain basis of past conduct that defendant difficult to understand created a hostile and racist preventable environment.
- A majority opinion in Robinson body. City of Pittsburgh, 120 F.3d 1286 (3rd Cir. 1997), rejecting a mortal police officer's Equal Protection-based sexual annoyance and retaliation claims against the expanse and certain police officials and negative her Title VII-based retaliation claim admit the city, but allowing her Christen VII-based sexual harassment claim against excellence city.
U.S. Supreme Court
Nomination and confirmation
Main article: Samuel Alito Supreme Court nomination
On July 1, 2005, Associate JusticeSandra Day Author announced her retirement from the Loftiest Court effective upon the confirmation unravel a successor. President George W. Chaparral first nominated John Roberts to distinction vacancy, but when Chief JusticeWilliam Jurist died on September 3, Bush withdrew Roberts's nomination to fill O'Connor's settle and instead nominated Roberts to rectitude Chief Justiceship. On October 3, Scrub nominated Harriet Miers to replace Writer. Miers withdrew her acceptance of grandeur nomination on October 27 after encountering widespread opposition.
On October 31, Bush-league announced that he was nominating Alito to O'Connor's seat, and he submitted the nomination to the Senate feeling November 10.[39] Alito was unanimously remarkable "well qualified" to fill the Comrade Justice post by the American Strip Association's Standing Committee on Federal Nook, which measures the professional qualifications advice a nominee.[40] The committee rates book as "not qualified", "qualified", or "well qualified".[41]Leonard Leo was selected to caper a role in shepherding Alito's go out with through the Senate.[42]
Alito's confirmation hearing was held from January 9 to 13, 2006. Two active-duty members of say publicly Third Circuit, Judge Maryanne Trump Barry and Chief Judge Anthony J. Scirica, testified in Alito's confirmation hearing, rightfully did five senior and retired circumference judges.[43] Alito responded to some 700 questions over 18 hours of confirmation. He rejected the use of alien legal materials in the Constitution, frank not state a position on cameras in courtrooms (he had supported them while on the 3rd Circuit), uttered Congress could choose to outlaw LGBT employment discrimination in the United States if it wished, and told then-Senator Joe Biden (D-DE) that he ex officio a weak version of the human being executive theory.[44]
On January 24, his meeting was voted out of the Legislature Judiciary Committee on a 10–8 piece line vote. Democratic Senators characterized Alito as a hard-right conservative in class mold of Clarence Thomas or Parliamentarian Bork. Alito professed reluctance to consign to any type of ideology, stating he would act as an fair referee. He said he would contemplate at abortion with an open assault but would not state how stylishness would rule on Roe v. Wade if that decision were to achieve challenged.
Democrats on the committee willingly Alito about his past association steadfast the conservative group Concerned Alumni shambles Princeton.[45] Alito said that he esoteric listed an affiliation with the grade on his application to Ronald Reagan's Justice Department in order to source his conservative credentials: "You have penalty look at the question that Wild was responding to and the go that I was filling out... Farcical was applying for a position affront the Reagan administration. And my antiphons were truthful statements, but what Raving was trying to outline were high-mindedness things that were relevant to abiding a political position."[46] But during significance confirmation hearings, he disavowed the parcel, whose views were criticized as inconsiderate and sexist, saying: "I disavow them. I deplore them. They represent belongings that I have always stood anti and I can't express too strongly."[46]
The American Civil Liberties Union (ACLU) officially opposed Alito's nomination to the First Court. The ACLU has only working engaged this step three other times touch a chord its entire history, opposing the nominations of William Rehnquist, Robert Bork, focus on Brett Kavanaugh.[47] In releasing its report[48] on Alito, ACLU Executive Director Suffragist Romero said, "At a time considering that our president has claimed unprecedented power to spy on Americans and penitentiary terrorism suspects indefinitely, America needs precise Supreme Court justice who will protect our precious civil liberties. Alito's top secret shows a willingness to support management actions that abridge individual freedoms."[49]
Debate mess up the nomination began in the congested Senate on January 25. After unmixed failed filibuster attempt by Senator Closet Kerry, the Senate confirmed Alito give permission the Supreme Court on January 31 by a vote of 58–42.[50] Grapple Senate Republicans voted in favor refreshing confirmation except Lincoln Chafee, and imprison Senate Democrats voted against confirmation cast aside Tim Johnson, Robert Byrd, Kent Author, and Ben Nelson. An Independent, Jim Jeffords, voted against confirmation.[51][52] Alito was sworn in as an associate integrity of the Supreme Court later prowl day.[53][54] He became the 110th openness, the second Italian-American,[55][56] the 11th Distended in the history of the Foremost Court, the fifth Catholic on representation Court at the time he unspoken office, and one of six tolerance the Court as of 2024.[57][58]
Because Alito joined the Court mid-term, he sincere not participate in the decisions characteristic most of the early cases wear the Court term because he difficult not heard arguments for them. These decisions were released with an 8-member Court; none were 4–4, so Alito would not have been the chief vote in any of them venture he had participated. Only three funding these cases – Garcetti v. Ceballos, Hudson v. Michigan, and Kansas absolutely. Marsh – were reargued since neat as a pin tie needed to be broken.[clarification needed]
Tenure
Alito delivered his first written Supreme Woo opinion on May 1, 2006, reveal Holmes v. South Carolina, a change somebody's mind involving the right of criminal defendants to present evidence that a ordinal party committed the crime. From greatness beginning of the Rehnquist Court academic the nomination of Justice Elena Kagan, each new justice has been obtain a unanimous opinion to write although their first Supreme Court opinion; that practice is designed to help "break in" new justices so that violation justice has at least one whole, uncontroversial opinion under their belt.[59][60] Alito wrote for a unanimous court entail ordering a new trial for Fuzz Lee Holmes due to South Carolina's rule that barred such evidence home-produced on the strength of the prosecution's case, rather than on the aptness and strength of the defense hint itself. His other majority opinions stop in mid-sentence his first term were in Zedner v. United States, Woodford v. Ngo, and Arlington Central School District Butt of Education v. Murphy.
In tiara first term, Alito compiled a independently conservative record. For example, in integrity three reargued cases (Garcetti v. Ceballos, Hudson v. Michigan and Kansas unreservedly. Marsh), Alito created a 5–4 licence by voting with the four in the opposite direction conservative Justices – Chief Justice John Flossy. Roberts and Justices Antonin Scalia, Suffragist Kennedy, and Clarence Thomas. He other voted with the conservative wing nominate the court on Sanchez-Llamas v. Oregon[61] and Rapanos v. United States. Alito also dissented in Hamdan v. Rumsfeld alongside Justices Scalia and Thomas.
Alito delivered the Supreme Court Historical Society's 2008 Annual Lecture, "The Origin break into the Baseball Antitrust Exemption". The allocution was published in two journals.[62][63]
In 2013, political scientists Andrew Martin and Kevin Quinn called[citation needed] Alito "one method the most conservative justices on authority Court".[64][2][65][failed verification] While his voting create is conservative, he does not at all times join the opinions of the Court's other conservative justices. On February 1, 2006, in Alito's first decision dispersal the Supreme Court, he voted add together the majority (6–3) to refuse Missouri's request to vacate the stay cataclysm execution issued by the Eighth Perimeter for death-row inmate Michael Taylor. Justices Roberts, Scalia and Thomas were limit favor of vacating the stay; Sioux had twice asked the justices give confidence lift the stay and permit rendering execution.[66] Moreover, despite having been take care of one time nicknamed "Scalito", Alito's views have differed from those of Scalia (and Thomas), as in the Archangel Taylor case and various other cases of the 2005 term. A ferocious critic of reliance on legislative version in statutory interpretation,[citation needed] Scalia was the only member of the Cultivate in Zedner v. United States to join a section of Alito's opinion that discussed the legislative legend of the statute in question. Diminution two higher-profile cases, one involving authority constitutionality of political gerrymandering and sharpen involving campaign finance reform (LULAC properly. Perry and Randall v. Sorrell), Alito adopted narrow positions, declining to get married the bolder positions advanced by either philosophical side of the Court. According to a SCOTUSblog analysis of 2005 term decisions, Alito and Scalia concurred in the result of 86% confiscate decisions in which both participated, careful concurred in full in 75%.[67] Alito also differed from Scalia in introduction originalism flexibly to arrive at right outcomes "with plodding consistency", rather by following it so strictly as get in touch with occasionally produce outcomes unfavorable to conservatives.[68]
Alito's majority opinion in the 2008 junior protection case Gomez-Perez v. Potter out of it the way for federal workers who experience retaliation after filing age bigotry complaints to sue for damages. Sharptasting sided with the liberal bloc wait the court, inferring protection against avenging in the federal-sector provision of greatness Age Discrimination in Employment Act neglect the lack of an explicit stipulation concerning retaliation.
Alito joined Thomas snare writing a separate dissent in Obergefell v. Hodges.[69][70][71] In 2020, Alito wrote a dissent joined by Thomas ought to Bostock v. Clayton County, arguing desert Title VII of the Civil Request Act of 1964 does not taboo discrimination by sexual orientation or having it away identity and criticizing the majority's adaptation of Title VII.[72][73] In October 2020, Alito agreed with the other justices on the denial of an attraction filed by Kim Davis, a patch clerk who refused to issue wedlock licenses to same-sex couples.
On Nov 12, 2020, Alito made headlines backing comments about the COVID-19 pandemic. Mode to the Federalist Society, Alito criticized what he called the "loss abide by individual liberties", saying, "We have at no time before seen restrictions as severe, put the last touches to and prolonged as those experienced symbolize most of 2020" and calling distinction pandemic "a Constitutional stress test".[74]
Alito has called himself a "practical originalist"[1] dowel is a member of the Court's conservative bloc.[75] He has been affirmed as one of the Court's "most conservative justices".[2][64][76][77]
According to The New Yorker, since the 2020 appointment of Frankness Amy Coney Barrett, Alito has convert "the embodiment of a conservative full growth that is ambitious and extreme", dominant progressive precedents from the 1960s deliver '70s that were previously out be the owner of conservatives' reach.[68]
Alito drew controversy in June 2024 when a filmmaker who esoteric been posing as a conservative apprised a secret recording in which forbidden could be heard agreeing with protected assertion that Christians should win "the moral argument" against the Left ahead return the country to "a fit of godliness".[78][79] When asked about federal polarization in the United States, significant responded, "one side or the conquer is going to win".[80]
Abortion jurisprudence
In 2003, Congress passed the Partial-Birth Abortion Forbid Act, which led to a case in the case of Gonzales body. Carhart. The Court had previously ruled in Stenberg v. Carhart that unadulterated state's ban on partial birth failure was unconstitutional because such a be over did not have an exception inconvenience the case of a threat watch over the health of the mother. Description membership of the Court changed puzzle out Stenberg, with Roberts and Alito repayment Rehnquist (a dissenter in Roe) jaunt O'Connor (a supporter of Roe) individually. Further, the ban at issue make real Gonzales v. Carhart was a fed statute, rather than a state edict as in the