Jewish World Review Jan. 11, 2006 / 11 Teves, 5766

Questions for Alito

By Tucker Carlson

http://www.JewishWorldReview.com | The New York Times turned its over op-ed page Monday morning to a group of legal experts who listed questions they'd like to throw at Judge Sam Alito during his confirmation hearings this week. A few hours later, the online magazine Slate did the same thing. Never one to miss a trend, I'm piling on. Here are three questions I'd like Alito to answer:

1) Why should the Senate give you this job when you won't even speculate on the decisions you'd make should you get it? By bipartisan consensus, nominees to the Supreme Court are not expected to comment on decisions that recently have or may come before the court. Yet the whole point of holding hearings is so that the public will have a chance to determine what sort of conclusions a potential Supreme Court justice might reach. As Sen. Russ Feingold pointed out today, the only person who's not allowed to comment on Sandra Day O'Connor's tenure as a supreme court justice is the man nominated to take her place. It's easy to see how this tradition helps a White House looking to avoid a political fight. It's harder to see how the public benefits. We have the right to know whether the president has nominated a Souter or a Scalia. The easiest way would be to just ask him.

2) Since we've decided it's acceptable to ask questions about specific cases, what about Rode v. Wade? Does the constitution guarantee the right to abortion? If so, where in the document is that guarantee? Nowhere, you say? Good answer. You're confirmed.

3) Finally, under what circumstances should the court reverse a precedent? You often hear people (usually senators) claim that this or that decision (usually Roe) shouldn't be tampered with because it is "settled law." As if Supreme Court decisions are inviolable simply by virtue of having been made. To which the obvious answer is: Plessy v. Ferguson. Of course some decisions ought to be overturned. The question is, for what reason? Because public opinion has changed? Because American society has evolved? It would be nice to know what the criteria are.

And one more thing, completely unrelated to Sam Alito: Probably a dozen times in the past couple of months, I've heard people talk about a book called A Million Little Pieces. Usually on airplanes, a stranger, usually a woman, has recommended I read James Frey's toe-curling account of his drug and alcohol addiction. So far I haven't gotten around to it.

But I did find time to read the authoritative debunking of Frey's bestselling, Oprah-approved book. Called "A Million Little Lies," it is the most comprehensively devastating investigation I have ever read of an author's work. By the end of it, you'll be convinced that Frey fabricated key sections of his book, and for the most self-serving reasons. It's a long story, well worth the time. You'll find it at: http://www.thesmokinggun.com/. Or tune in to the show. We'll be following the story in detail this week.