Obama to Vote No on the Nomination of Judge Alito - Podcast Transcript

Hello, this is Barack Obama, and today is Tuesday, January 31, 2006. As many of you may be aware, today is the vote to confirm Judge Alito the Unites States Supreme Court. There's been a lot of discussion in the country about how the Senate should approach the confirmation process. There's some who believe that the President, having won the election, should have complete authority to appoint the nominee, and that the Senate should only examine whether or not the Justice is intellectually capable and is nice to his wife, or she is nice to her husband. That, once you get beyond issues of intellect and personal character, then there shouldn't be further question as to whether the Judge should be confirmed. I disagree with the view.

I believe that the Constitution calls for the Senate to advise and consent, that, meaningful advice and consent includes an examination of a judge's philosophy, ideology, and record. When I examine the philosophy, ideology, and record of Judge Samuel Alito, I am deeply troubled. I have no doubt that Judge Alito has the training and qualifications necessary to serve as a Supreme Court Justice. He's a smart guy, there's no indication that he is not a man of good character. But, when you look at his record, what is clear is that when it comes to his understanding of the Constitution, he consistently sides on behalf of the powerful against the powerless. If there is a case involving an employer and an employee, and the Supreme Court has not given clear direction, Judge Alito will rule in favor of the employer. If there is a claim between prosecutors and defendants, if the Supreme Court has not already a clear rule of decision then, Judge Alito will rule in favor of the state. When it comes to how checks and balances in our system are supposed to operate, the balance of power between the executive branch, Congress, and the judiciary, Judge Alito consistently sides with the notion that a president should not be constrained by either Congressional acts, or the check of the judiciary. He believes in the overarching power of the president to engage in whatever the president deems to be appropriate policy. As a consequence of this, I'm extraordinarily worried about how Judge Alito might approach issues such as wire tapping, monitoring of emails, or other privacy concerns that we have seen surface over the last several months.

In sum, I've seen an extraordinarily consistent attitude on the part of Judge Alito that does not uphold the traditional role of the Supreme Court as a bastion of equality and justice for the United States citizen, and for that reason, I will be voting against his confirmation. I do hope that if Judge Alito is confirmed, he proves me wrong. I know that all the Senators who will be voting against him ardently hope that the Supreme Court continues to serve the vital role that it plays in preserving our liberties. Thank you very much; I will talk to you guys next week.