Fwd: Alito's misreading of Federalist Papers

January 17, 2006

" Judge Samuel A. Alito, the current nominee for the U.S. Supreme Court,

has only written one ballot access decision during his fifteen years as a

U.S. Court of Appeals Judge. In 1999 he wrote 'Council of Alternative

Political Parties v Hooks,' 179 F.3d 64. He upheld New Jersey's petition

deadline of early June for minor party and independent candidates (for

office other than president). The deadline is set on the day New Jersey

holds its primary. The outcome of the decision was disappointing. Even

sadder, though (given that Alito is likely to be on the U.S. Supreme

Court), is what the decision revealed about Alito's beliefs about minor

parties and independent candidates.

" Alito seemed to believe, along with former Justices William Rehnquist and

Byron White, that minor parties and independent candidates harm society.

He wrote, 'The State has a legitimate interest in maintaining a stable and

efficient election process. See The Federalist, No. 10 (James Madison)

(explaining that splintered parties and unrestrained factionalism may do

significant damage to a states political structure).'

" Anyone who remembers Federalist, No. 10, will suspect that Alito himself

did not review Madison's words before he wrote his decision. The essay is

only eight pages long in most printed versions, so re-reading it isnt much

of a burden. Madison actually said the opposite of what Alito says. "

Full article at:

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