Fireside Chat, 泡芙短视频 Law Style, With Supreme Court Justice Samuel Alito

U.S. Supreme Court Justice Samuel A. Alito spent Friday at the School of Law, meeting with students and faculty and teaching a Constitutional Law class

Chief Justice sits in a classroom

BRISTOL, R.I. 鈥 Samuel A. Alito, Jr., Associate Justice of the Supreme Court of the United States, spent the day at 泡芙短视频 Law Friday, meeting with students, teaching a Constitutional Law class and participating in a 鈥渇ireside chat鈥 with the Honorable Ronald A. Cass, a longtime friend of Alito and a member of the law school鈥檚 board of directors.

 

After enjoying a light breakfast with Mr. Cass, Dean David A. Logan, and a few standout law students, Justice Alito entered a packed classroom to teach a Con Law class. He observed that the Court鈥檚 October Term would begin in a couple of weeks, joking that he was, as ever, 鈥渇illed with hope that this will finally be the term when all of my colleagues see the light of day鈥 鈥 a hope that 鈥渂egins to fade five or ten minutes into the first case.鈥

 

Eschewing discussion of the Court鈥檚 controversial 5-4 decisions, Alito chose to focus on three cases in which the Court unanimously upheld individual liberties over government interventions. One case involved electronic police surveillance of a drug dealer, one an action against a property owner in violation of the Clean Water Act, and one a labor dispute between a teacher and a religious school.

 

In each case, Alito observed, the government was pursuing 鈥渓audable objectives; all things we want to see happen鈥濃 but in each instance the Court nonetheless ruled against the government, denying it powers 鈥渨ith alarming implications if we accepted them.鈥

 

A student asked about the role of public opinion upon the Supreme Court, and Alito replied that 鈥 due to the Justices鈥 life tenures 鈥 it mattered mainly during confirmation hearings. Listening to public opinion is 鈥渆xactly what we鈥檙e not supposed to do,鈥 Alito said.

 

Still, he noted, the Court鈥檚 public approval rating hovers at around 40 percent, which beats Congress鈥檚 dismal ratings by 鈥渁 comfortable margin.鈥 He added that a recent poll showed that more Americans can name two of Snow White鈥檚 seven dwarfs than can name two Supreme Court justices, and quipped, 鈥淚 was just glad that people don鈥檛 think Grumpy, Dopey and Sleepy are Justices on the Court!鈥

 

Justice Alito then met with 25 student leaders, discussing a range of topics including the highly publicized incident when cameras showed the Justice  quietly responding 鈥淣ot true!鈥 when President Obama critiqued the controversial Citizens United decision during his 2010 State of the Union address.

 

鈥淭his is my 15 minutes of fame,鈥 Alito said of the incident, widely known among people who otherwise know little or nothing about him. He noted that even as a debater in high school, he would get marked down for making faces during his opponents鈥 arguments. He said he did not realize that the press received an advance transcript of the address and thus trained its cameras on the justices at the very moment the President mentioned the Court鈥檚 decision. If he had known, he would probably have kept a poker face.

 

Turning to less charged matters, Justice Alito answered a student鈥檚 query about the methods by which Supreme Court justices reach rulings 鈥渢hat at least five can agree on.鈥 When the justices circulate a draft opinion among colleagues, he said, 鈥渨hat you want is a memo saying, 鈥楶erfect! Don鈥檛 change a word!鈥 What you get is, 鈥榠f you take this or that [part of the opinion] out, I鈥檒l sign.鈥欌

 

Justice Alito noted that he had 鈥渁bsolutely no doubt鈥 that the Court鈥檚 diversity would continue to grow, reflecting the changing fabric of the country, and opined against allowing cameras in the Court. 鈥淲e鈥檙e a very old-fashioned institution,鈥 he said, adding that cameras would fundamentally 鈥渃hange the structure of the arguments.鈥

 

On the one hand he referenced, disapprovingly, a television ad that attacked the Affordable Health Care Act by misleadingly using a voice recording of a government lawyer momentarily stammering during oral arguments at the Court. The ad characterized the audio clip as evidence that 鈥渆ven the President鈥檚 own lawyer can鈥檛 even defend the constitutionality of this law.鈥 On the other hand, he joked, most of the Court鈥檚 less controversial cases would draw ratings even lower than C-SPAN broadcasts of Congressmen making speeches to an empty chamber.

 

Asked for career advice, the Justice noted that his own son had recently graduated from law school and said 鈥渁ttorneys have to be open to opportunities when they come up.鈥 Regardless of one鈥檚 specific career goals, 鈥渋t鈥檚 helpful to have a degree of flexibility as your career progresses.鈥

 

The Justice also talked about the different skill sets required for trial lawyers and appellate lawyers. For appellate lawyers, he said, 鈥渋t鈥檚 important to have a feel for the particular tribunal before which you are to appeal,鈥 to become familiar with the judges鈥 鈥渮one of persuasion鈥 and adjust one鈥檚 arguments to the 鈥渟ignals and vibes you get as to what鈥檚 working during argument,鈥 just as a driver with a GPS might continually adjust his or her route to avoid traffic obstacles.

U.S. Supreme Court visits have become a tradition at Rhode Island鈥檚 only law school, a rare accomplishment for an institution not yet 20 years old (that anniversary is coming up next year). In 2011, students enjoyed a similar visit from Associate Justice Stephen Breyer. In 2008, Associate Justice Antonin Scalia spent a day with students at 泡芙短视频 Law, and earlier that same year Chief Justice John Roberts addressed its students and swore in more than 40 of its recent alumni to the federal bar. Groups of 泡芙短视频 Law students have also met with Associate Justice Ruth Bader Ginsburg, Associate Justice Elena Kagan, Associate Justice Anthony Kennedy and retired Associate Justice Sandra Day O鈥機onnor.