From Deseret News archives:

Text of Supreme Court nominee Samuel Alito's opening statement Monday

Published: Monday, Jan. 9, 2006 11:07 p.m. MST
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It was a time of turmoil at colleges and universities. And I saw some very smart people and very privileged people behaving irresponsibly. And I couldn't help making a contrast between some of the worst of what I saw on the campus and the good sense and the decency of the people back in my own community.

I'm here in part because of my experiences as a lawyer.

I had the good fortune to begin my legal career as a law clerk for a judge who really epitomized open-mindedness and fairness. He read the record in detail in every single case that came before me; he insisted on scrupulously following precedents, both the precedents of the Supreme Court and the decisions of his own court, the 3rd Circuit.

He taught all of his law clerks that every case has to be decided on an individual basis. And he really didn't have much use for any grand theories.

After my clerkship finished, I worked for more than a decade as an attorney in the Department of Justice.

And I can still remember the day, as an assistant U.S. attorney, when I stood up in court for the first time and I proudly said, My name is Samuel Alito and I represent the United States in this court. It was a great honor for me to have the United States as my client during all of those years.

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I have been shaped by the experiences of the people who are closest to me, by the things I've learned from Martha, by my hopes and my concerns for my children, Philip and Laura, by the experiences of members of my family, who are getting older, by my sister's experiences as a trial lawyer in a profession that has traditionally been dominated by men.

And, of course, I have been shaped for the last 15 years by my experiences as a judge of the court of appeals.

During that time, I have sat on thousands of cases — somebody mentioned the exact figure this morning; I don't know what the exact figure is, but it is way up into the thousands — and I have written hundreds of opinions.

And the members of this committee and the members of their staff, who have had the job of reviewing all of those opinions, really have my sympathy.

I think that may have constituted cruel and unusual punishment.

I've learned a lot during my years on the 3rd Circuit, particularly, I think, about the way in which a judge should go about the work of judging. I've learned by doing, by sitting on all of these cases. And I think I've also learned from the examples of some really remarkable colleagues.

When I became a judge, I stopped being a practicing attorney. And that was a big change in role.

The role of a practicing attorney is to achieve a desirable result for the client in the particular case at hand. But a judge can't think that way. A judge can't have any agenda, a judge can't have any preferred outcome in any particular case and a judge certainly doesn't have a client.

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