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Alito's Choice of Ciongoli Criticized

By TChris, Section Sam Alito
Posted on Sun Feb 19, 2006 at 11:22:38 AM EST
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by TChris

A Supreme Court Justice's law clerk has the potential to influence some of the Court's written opinions. Justice Alito is catching criticism for hiring Adam Ciongoli, "a former top aide to Attorney General John Ashcroft and an architect of the Bush administration's legal strategy after the Sept. 11, 2001, attacks, to be one of his law clerks." Here's one example:

"It really indicates a lapse in judgment," Deborah L. Rhode, who teaches legal ethics at Stanford, said of Justice Alito's decision. "I just don't think it helps your reputation for nonpartisanship, particularly after such partisan confirmation hearings, to start out by hiring someone who is perceived to have an ideological agenda."

The concern is that Ciongoli might weigh in on cases addressing the administration's detention without trial of those it labels as enemy combatants.

"He cannot work for the justice on any cases that come before the court if he worked on those matters at Time Warner or the government," said Stephen M. Gillers, who teaches legal ethics at New York University. "You don't want him to judge the quality of his own work."

Of course, it will never be possible to know what sort of casual conversations may take place in Justice Alito's chambers, said Monroe H. Freedman, who teaches legal ethics at Hofstra University. "No one is ever going to be able to police that," Professor Freedman said.

But, he added, "There is also a presumption that the justice can think for himself regardless of anyone he gets advice or counsel from."

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    Alito's Choice of Ciongoli Criticized | 9 comments (9 topical)
    Re: Alito's Choice of Ciongoli Criticized (none / 0) (#1)
    by rdandrea on Sun Feb 19, 2006 at 12:13:11 PM EST
    Like Alito cares? He just got a lifetime appointment. He has maybe 30 or 40 years to wreak whatever havoc he's going to wreak. It's not like you're gonna bounce him out of office come November.

    Re: Alito's Choice of Ciongoli Criticized (none / 0) (#2)
    by jimakaPPJ on Sun Feb 19, 2006 at 01:41:13 PM EST
    et al - One of the consequences of losing elections is that you no longer are in power and do not get to set the agenda and pick the players.

    Re: Alito's Choice of Ciongoli Criticized (none / 0) (#3)
    by alapip on Sun Feb 19, 2006 at 02:20:11 PM EST
    that's right Jimwhatever, a crooked election won through manipulation of the religious voters and the supreme court gives you every right to screw up the country, turn it into a theocracy, set back freedom to where it was decades ago, ignore the constitution, destroy the envirionment, you name it. don't open your eyes, Jim, 'cause "the truth is out there" and it will shock the hell out of you folks when you finally realize what you've done.

    Re: Alito's Choice of Ciongoli Criticized (none / 0) (#4)
    by Talkleft Visitor on Sun Feb 19, 2006 at 02:47:14 PM EST
    Gosh, a justice hiring clerks who agree with his worldview. Next, TChris will discover that the sun rises in the east.

    Re: Alito's Choice of Ciongoli Criticized (none / 0) (#5)
    by Peter G on Sun Feb 19, 2006 at 03:12:51 PM EST
    James R: In fact, it is the norm for judges and justices to hire at least one law clerk who presumptively comes from a different point of view, in aid of ensuring intellectural honesty. I'm surprised and disappointed that Justice Alito seemingly hasn't done that. Jimetc: A Supreme Court Justice is selected through a political process, it's true. But upon assuming office s/he is no longer a "player" on the Adminsitration team but rather an impartial jurist beholden to no one, as many a President has learned to his chagrin. Hopefully we will see that kind of independence soon in my old law school classmate. I know he has the capacity for it.

    Re: Alito's Choice of Ciongoli Criticized (none / 0) (#6)
    by jimakaPPJ on Sun Feb 19, 2006 at 04:49:52 PM EST
    Peter G - I hope your right. Who knows? alapip - Oh heavens! The old Bush stold it again. First he didn't. Secondly Gore should have beat him like a drum. After all, Gore was the VP of a very well liked President. The country was at peace, the economy was good... I mean there was absolutely no reason for it to be within 10 points. Let us face the music and dance. Gore's persosonality is just not suitable for election to a national office. Aint your fault. But it is a fact. Get over it. Can you spell "McCain is great in '08?"

    Re: Alito's Choice of Ciongoli Criticized (none / 0) (#7)
    by Talkleft Visitor on Mon Feb 20, 2006 at 06:19:00 AM EST
    Can you spell "McCain is great in '08?" I dunno, can you spell 'stolen'?

    Re: Alito's Choice of Ciongoli Criticized (none / 0) (#8)
    by jimakaPPJ on Mon Feb 20, 2006 at 01:38:53 PM EST
    Dark Avenger - Are you too slow to understand what I said?

    Re: Alito's Choice of Ciongoli Criticized (none / 0) (#9)
    by Talkleft Visitor on Tue Feb 21, 2006 at 12:33:56 PM EST
    Dark Avenger - Are you too slow to understand what I said? Oh, your Jacksonian spelling is clear enough, oh wise educator to the rest of us deluded anti-American leftists.

    Alito's Choice of Ciongoli Criticized | 9 comments (9 topical)