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April 01, 2009

Scaliiiiiiiiiiiito!!!!!!!

Well this is a shocker, I must say:

Your result for Which Supreme Court Justice Are You Test...

You are Justice Samuel Alito

You agreed with Alito 86% of the time.

Samuel Anthony Alito, Jr. (born April 1, 1950) is an Associate Justice of the Supreme Court of the United States. Appointed by President George W. Bush, Alito is generally considered a fairly conservative jurist with a libertarian streak (especially on First Amendment issues). Educated at Princeton University and Yale Law School, Alito served as U.S. Attorney for the District of New Jersey and a judge on the United States Court of Appeals for the Third Circuit prior to joining the Supreme Court. He is the 110th justice.

Justice Alito delivered his first written opinion on May 1, 2006 in the case Holmes v. South Carolina, a case involving the right of criminal defendants to present evidence that a third-party committed the crime. (Since the beginning of the Rehnquist Court, new justices have been given unanimous opinions to write as their first majority court opinion, often done as a courtesy "breaking in" of new justices, so that every justice has at least one unanimous, uncontroversial opinion under his/her belt with which to battle critics). Alito wrote for a unanimous court in ordering a new trial for Bobby Lee Holmes due to South Carolina's rule that barred such evidence based on the strength of the prosecution's case, rather than on the relevance and strength of the defense evidence itself.

In his first term, Alito voted fairly conservatively. For example, in the three reargued cases (Garcetti v. Ceballos, Hudson v. Michigan and Kansas v. Marsh), Alito created a 5-4 majority by voting with four other conservative Justices — Chief Justice Roberts and Justices Scalia, Kennedy, and Thomas. He further voted with the conservative wing of the court on Sanchez-Llamas v. Oregon and Rapanos v. United States. Alito was also a dissenter in Hamdan v. Rumsfeld, alongside Justices Scalia and Thomas.While Alito's voting record is conservative, he does not always join the most conservative Justices on the Court. On February 1, 2006, in Alito's first decision sitting on the Supreme Court, he voted with the majority (6-3) to refuse Missouri's request to vacate the stay of execution issued by the Eighth Circuit for death-row inmate Michael Taylor; Chief Justice Roberts and Justices Scalia and Thomas were in favor of vacating the stay. Missouri had twice asked the justices to lift the stay and permit the execution.

On the abortion issue, it appears that Alito believes some restrictions on the procedure are constitutionally permitted, but has not signaled a willingness to overturn Roe v. Wade. In 2003, Congress passed the Partial-Birth Abortion Ban Act, which led to a lawsuit in the case of Gonzales v. Carhart. The Court had previously ruled in Stenberg v. Carhart that a state's ban on partial birth abortion was unconstitutional because such a ban did not have an exception in the case of a threat to the health of the mother. The membership of the Court changed after Stenberg, with John Roberts and Samuel Alito replacing William Rehnquist (a dissenter in Roe) and Sandra Day O'Connor (a supporter of Roe) respectively. Further, the ban at issue in Gonzales v. Carhart was a federal statute, rather than a state statute as in the Stenberg case. On April 18, 2007, the Supreme Court handed down a decision upholding the constitutionality of the Partial-Birth Abortion Ban Act. Justice Anthony Kennedy wrote for the five-justice majority that Congress was within its power to generally ban the procedure, although the Court left the door open for as-applied challenges. Kennedy's opinion implied but did not absolutely reach the question whether the Court's prior decisions in Roe v. Wade, Planned Parenthood v. Casey, and Stenberg v. Carhart were valid, and instead the Court said that the challenged statute is consistent with those prior decisions whether or not those prior decisions were valid. Alito joined fully in the majority as did Chief Justice Roberts. Justice Thomas filed a concurring opinion, joined by Justice Scalia

Moreover, despite having been at one time nicknamed "Scalito," Alito's views have differed from those of Scalia (and Thomas), as in the Michael Taylor case cited above and various other cases of the 2005 term. Scalia, a fierce critic of reliance on legislative history in statutory interpretation, was the only member of the Court in Zedner v. United States not to join a section of Alito's opinion that discussed the legislative history of the statute in question. In two higher-profile cases, involving the constitutionality of political gerrymandering and campaign finance reform (LULAC v. Perry and Randall v. Sorrell), Alito adopted narrow positions, declining to join the bolder positions advanced by either philosophical side of the Court. According to a scotusblog.com analysis of 2005 term decisions, Alito and Scalia concurred in the result of 86% of decisions (in which both participated), and concurred in full in only 75%. (By scotusblog.com's reckoning, this is less agreement than between Scalia and Kennedy, O'Connor and Souter, or Stevens and Ginsburg.) On the recent abortion ruling, Alito simply joined Anthony Kennedy's opinion rather than join Scalia in Thomas's stronger assertion.In the 2007 landmark free speech case Morse v. Frederick, Alito joined Roberts' majority decision that speech advocating drug use can be banned in public schools, but also warned that the ruling must be circumscribed that it does not interfere with political speech, such as the discussion of the medical marijuana debate.Alito's majority opinion in the 2008 worker protection case Gomez-Perez v. Potter cleared the way for federal workers who experience retaliation after filing age discrimination complaints to sue for damages. He sided with the liberal block of the court, inferring protection against retaliation in the federal-sector provision of the Age Discrimination in Employment Act despite the lack of an explicit provision concerning retaliation.

Take Which Supreme Court Justice Are You Test at HelloQuizzy

95/100 You scored 86% on Alito, higher than 95% of your peers.

93/100 You scored 73% on Scalia, higher than 93% of your peers.

92/100 You scored 74% on Thomas, higher than 92% of your peers.

92/100 You scored 80% on Roberts, higher than 92% of your peers.

3/100 You scored 44% on Kennedy, higher than 3% of your peers.

5/100 You scored 32% on Stevens, higher than 5% of your peers.

3/100 You scored 24% on Souter, higher than 3% of your peers.

0/100 You scored 13% on Breyer, higher than 0% of your peers.

7/100 You scored 29% on Ginsburg, higher than 7% of your peers.

Unlike, say, this amusing little tidbit:

Justice Department lawyers concluded in an unpublished opinion earlier this year that the historic D.C. voting rights bill pending in Congress is unconstitutional, according to sources briefed on the issue. But Attorney General Eric H. Holder Jr., who supports the measure, ordered up a second opinion from other lawyers in his department and determined that the legislation would pass muster.

When the going gets tough, the tough go opinion-shopping.

Update:

Your result for What Do Others See You As Test...

31 to 40 Points

You've scored 38 Points!

Others see you as sensible, cautious, careful & practical. They see you as clever, gifted, or talented, but modest. Not a person who makes friends too quickly or easily, but someone who's extremely loyal to friends you do make and who expect the same loyalty in return. Those who really get to know you, realize it takes a lot to shake your trust in your friends, but equally that it takes you a long time to get over if that trust is ever broken.

Take What Do Others See You As Test at HelloQuizzy

Posted by Cassandra at April 1, 2009 05:09 PM

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Comments

I am the Gay Justice Roberts!

Wheeee!

Posted by: Gay Justice Roberts at April 1, 2009 05:27 PM

Heh.

CWSTGJR was fun, wasn't it?

Posted by: Cassandra at April 1, 2009 05:28 PM

Argghhh!

It claim I ar Justice Samuel Alito...

It must be all that brig Solicitorin'nnnnnn I did in my pre-Cap'n days before tha mast.

Aye wonner what'll me cousin, the Dread Gay Justice Roberts say?


Compared to other takers

* 100/100 You scored 100% on Alito, higher than 100% of your peers.

* 98/100 You scored 85% on Scalia, higher than 98% of your peers.

* 98/100 You scored 87% on Thomas, higher than 98% of your peers.

* 100/100 You scored 100% on Roberts, higher than 100% of your peers.

* 68/100 You scored 64% on Kennedy, higher than 68% of your peers.

* 1/100 You scored 20% on Stevens, higher than 1% of your peers.

* 2/100 You scored 20% on Souter, higher than 2% of your peers.

* 3/100 You scored 29% on Breyer, higher than 3% of your peers.

* 2/100 You scored 21% on Ginsburg, higher than 2% of your peers.

Posted by: Dread Pirate Roberts at April 1, 2009 05:42 PM

Judge Roy Bean.

Posted by: BillT at April 1, 2009 06:02 PM

Others see you as fresh, lively, charming, amusing, practical, and always interesting, someone who's constantly in the center of attention, but sufficiently well balanced not to let it go to their head. They also see you as kind, considerate, and understanding, someone who'll always cheer them up and help them out.

[memo to self: curmudgeon image-maintenance needs more work]

Posted by: BillT at April 1, 2009 06:12 PM

Heh
1% difference between Alito, Thomas and Roberts respectively.

Posted by: DL Sly at April 1, 2009 06:15 PM

Interestingly enough, my description sounds more like the way I see myself than the way others generally describe me.

Not sure whether I have a better handle on who I am, or they do :p Interesting philosophical question, since most of us self-censor to a greater or lesser degree.

Posted by: Cassandra at April 1, 2009 06:16 PM

There were several questions on that test where I had to come down on one side or the other, but didn't think I had enough information. Anyway, it was fun.

Posted by: Cassandra at April 1, 2009 06:18 PM

Tis a flawed judgment! Thar weren't no options afor ye ole cat-o-nine when interrupted, nor standin' with hand upon me saber when listenin ta the pleadin's fer crust'n brine punishment instead o tha keel-haul for minor infractions.

It twisted me picks into;

You've scored 36 Points!


Others see you as sensible, cautious, careful & practical. They see you as clever, gifted, or talented, but modest. Not a person who makes friends too quickly or easily, but someone who's extremely loyal to friends you do make and who expect the same loyalty in return. Those who really get to know you, realize it takes a lot to shake your trust in your friends, but equally that it takes you a long time to get over if that trust is ever broken.

Argghhh, I think I'd best retire afore I wind up adrift in a dingy off the Galapagos.

Posted by: Dread Pirate Roberts at April 1, 2009 06:21 PM

Hello, I am Justice Clarence Thomas. Nice to meet you all.

I think this sums me up the best:

Justice Thomas is often described as an originalist, and may be the most judicially conservative member of the Supreme Court. Unlike Justice Scalia, a fellow originalist, Justice Thomas has little respect for Supreme Court precedent. He is of the opinion that if he disagrees with a prior Supreme Court case it should be overruled.

Posted by: HomefrontSix at April 1, 2009 07:23 PM

I would have thought I'd come out as Thomas, considering he's my favorite justice.

Posted by: Cassandra at April 1, 2009 08:26 PM

I am Justice Alito. The most conservative justice on the court, next to the dishy Clarence Thomas. I also do not believe in a living, breathing Constitution. I am pedantic and scary.

Heh.

Posted by: Cricket at April 1, 2009 10:49 PM

*the Dread Pirate offers a high-five to Cricket*

Posted by: Dread Pirate Roberts at April 2, 2009 08:18 AM

It said I was Scalia. A little surprising since I am more libertarian than he seems to be.



Your result for What Do Others See You As Test ...

31 to 40 Points
You've scored 40 Points!

Others see you as sensible, cautious, careful & practical. They see you as clever, gifted, or talented, but modest. Not a person who makes friends too quickly or easily, but someone who's extremely loyal to friends you do make and who expect the same loyalty in return. Those who really get to know you, realize it takes a lot to shake your trust in your friends, but equally that it takes you a long time to get over if that trust is ever broken.

Posted by: Schnauzer at April 2, 2009 09:33 AM

Justice Ryan Seacrest? Never heard of him.

Posted by: spd rdr at April 2, 2009 09:53 AM

I scored 42 points for a rating of "Insufferable Ass"

Posted by: spd rdr at April 2, 2009 09:58 AM

Justice Ryan Seacrest? Never heard of him.

*bawk bawk bawk!!!!* :)

Posted by: The Magnificent Wonder Chicken at April 2, 2009 10:20 AM

"Justice Ryan Seacrest? Never heard of him.

*bawk bawk bawk!!!!* :)"

Not, ah say, not that there's anything wrong with that.

Posted by: foghorn leghorn at April 2, 2009 11:06 AM

Justice Ryan Seacrest? Never heard of him.
*bawk bawk bawk!!!!*

New, improved, cavity-fighting, dolphin-friendly Chicken of the Seacrest!

Posted by: BillT at April 2, 2009 12:04 PM

The Wonder Chicken just enjoys busting mr rdr's chops.

Otherwise, he becomes incorrigible ...
Or is that impossible??? :)

Posted by: The Magnificent Wonder Chicken at April 2, 2009 12:12 PM

And the Dread Pirate Roberts gets the highly desireable "High Five for Spelling" award from Castle Argghhh!

Posted by: John of Argghhh! at April 2, 2009 12:16 PM

41 points. I musta lied.

Others see you as fresh, lively, charming, amusing, practical, and always interesting, someone who's constantly in the center of attention, but sufficiently well balanced not to let it go to their head. They also see you as kind, considerate, and understanding, someone who'll always cheer them up and help them out.

Bill - I'll meet you in the shop for that image-makeover job.


Feh.

Posted by: John of Argghhh! at April 2, 2009 12:21 PM

Makeup! Bring the spatula!

Posted by: BillT at April 2, 2009 01:10 PM

*sniff* And I thought that you liked me! You really really liked me! Now I see how you really are, you... you... people!

By the way, someone with vast amounts of time on their hands could do a really good quiz that expands upon "What Justice Are You?" to include a wide variety of historical opinions and rate them against the legal legacies of prior justices.

For example:

Agree or disagree?

(1) When considering Due Process claims, judges should be limited by "respect for the teachings of history, solid recognition of the basic values that underlie our society, and wise appreciation of the great roles that the doctrines of federalism and separation of powers have played in establishing and preserving American freedoms." (The Second Justice John Harlan, AKA "The Great Dissenter")

(2)"The business [of professional baseball] is giving exhibitions of baseball, which are purely state affairs" and "the exhibition, although made for money, would not be called trade of commerce in the commonly accepted use of those words," and thus baseball is not subject to the those laws affecting interstate commerce or antitrust. (Justice Oliver W. Holmes, Jr.)

(3) "In respect of civil rights, common to all citizens, the constitution of the United States does not, I think, permit any public authority to know the race of those entitled to be protected in the enjoyment of such rights. Every true man has pride of race, and under appropriate circumstances, when the rights of others, his equals before the law, are not to be affected, it is his privilege to express such pride and to take such action based upon it as to him seems proper. But I deny that any legislative body or judicial tribunal may have regard to the race of citizens when the civil rights of those citizens are involved. Indeed, such legislation as that here in question is inconsistent not only with that equality of rights which pertains to citizenship, national and state, but with the personal liberty enjoyed by every one within the United States." (The First Justice John Harlan)

(4)"Inanimate objects are sometimes parties in litigation. A ship has a legal personality, a fiction found useful for maritime purposes. The corporation sole - a creature of ecclesiastical law - is an acceptable adversary and large fortunes ride on its cases.... So it should be as respects valleys, alpine meadows, rivers, lakes, estuaries, beaches, ridges, groves of trees, swampland, or even air that feels the destructive pressures of modern technology and modern life. The river, for example, is the living symbol of all the life it sustains or nourishes - fish, aquatic insects, water ouzels, otter, fisher, deer, elk, bear, and all other animals, including man, who are dependent on it or who enjoy it for its sight, its sound, or its life. The river as plaintiff speaks for the ecological unit of life that is part of it." (Justice William O. Douglas)

(5)"All we mean to say on this point is, that, as there is no express regulation in the Constitution defining the power which the General Government may exercise over the person or property of a citizen in a Territory thus acquired, the court must necessarily look to the provisions and principles of the Constitution, and its distribution of powers, for the rules and principles by which its decision must be governed.

... The principle upon which our Governments rest, and upon which alone they continue to exist, is the union of States, sovereign and independent within their own limits in their internal and domestic concerns, and bound together as one people by a General Government, possessing certain enumerated and restricted powers, delegated to it by the people of the several States, and exercising supreme authority within the scope of the powers granted to it, throughout the dominion of the United States. A power, therefore, in the General Government to obtain and hold colonies and dependent territories, over which they might legislate without restriction, would be inconsistent with its own existence in its present form. Whatever it acquires, it acquires for the benefit of the people of the several States who created it. It is their trustee acting for them, and charged with the duty of promoting the interests of the whole people of the Union in the exercise of the powers specifically granted. (Chief Justice Roger B. Taney - and be careful in deciding this one.)

(6) "The public welfare demands that constitutional cases must be decided according to the terms of the Constitution itself, and not according to judges’ views of fairness, resonableness, or justice." (Justice Hugo L. Black)

(7)"Those who won our independence believed that the final end of the State was to make men free to develop their faculties...
They valued liberty both as an end and as a means.
They believed liberty to be the secret of happiness and courage to be the secret of liberty." (Justice Louis D. Brandeis)

Oh, I could go on, but you get the idea.
And you don't really really like me anyway.

Posted by: spd rdr at April 2, 2009 02:38 PM

Trying to suck us into Dred Scott - yer right, we don't really like you.


Plllppppptttt!

Posted by: John of Argghhh! at April 2, 2009 02:54 PM

Same Here.

Which Supreme Court Justice are You?

I am Alito...

http://youhavetobethistalltogoonthisride.blogspot.com/2009/04/supreme-test.html

Posted by: Ree at April 2, 2009 03:00 PM

Trying to suck us into Dred Scott - yer right, we don't really like you.

Not surprising, but I me be clear:
(a) You don't "really" like me, which some may interpret as meaning that "you like me, but not a whole lot;" or
(b) You "really" don't like me, meaning that if I was run over by a bus carrying enemy combatants on their way to federal court, you'd laugh and make jokes about my dog's weight.

Not that it would make any difference.

Posted by: spd rdr at April 2, 2009 03:11 PM

Now, now, mr.rdr.......I'd *never* make fun of a dog's weight. Unless it was a fat little sausage, that is......
0>;~}

Posted by: DL Sly at April 2, 2009 04:11 PM

Oh, I like dogs way more than any human possibly other than SWWBO and some other immediate family members and maybe Cassie, so I wouldn't dis the dog.

But I would insist the driver back up to check on you.

Posted by: John of Argghhh! at April 2, 2009 05:12 PM

But I would insist the driver back up to check on you.

Aw... that's so cute! It's not often that people will double back to see if I'm really dead.
Thanks!

Posted by: spd rdr at April 2, 2009 06:12 PM

Nah Mister Judgemon! I shot de sheriff but I ded not squish no speed-reade...

Posted by: Rastamon at April 2, 2009 07:44 PM

Okay, John, I've got a tally on yer smoke and I'm inbound, ETA one mike -- unnnerstand one flat non-ambulatory, stretcher, but priority is calming the canine, Out.

Posted by: BillT at April 3, 2009 05:20 AM

I scored the same as BillT in the personality assessment. No makeover seems to be necessary.
I too, come across as a benign curmudgeon.

Posted by: Cricket at April 3, 2009 10:28 AM

Kewl.. I came up as Roberts.

Posted by: AFSister at April 3, 2009 11:22 AM

Oh, and a 39 on the personality deal- same range as you, Cass, and a lot of the others around here. Except, of course, for those two softies, John and Bill...

Posted by: AFSister at April 3, 2009 11:33 AM

My score for Alito and Roberts was identical, but it said I was Alito. If I had to be a Catholic Italian, I wanted to be Micheal Corleone. My goal was to be Justice Thomas, but it was not to be.

Posted by: KJ at April 3, 2009 11:54 AM

I should have added, my identical score on Alito and Roberts was two snaps and circle.

http://supportgayjudgeroberts.blogspot.com/2005/08/roberts-rated-two-snaps-and-circle.html

Posted by: KJ at April 3, 2009 11:57 AM

I am a beastly toad of a SC Justice. Life is good.

Posted by: Cricket at April 3, 2009 12:22 PM

I wonder if Justice Alito has a dog? And if so, what kind of dog?
I'm figuring Scalia has a big honking mammal that eats red meat and passes gas whenever company comes to visit.
Breyer's got one of those terrier things that leads most folks to martinis at 9 in the morning. Ginsburg probably owns a hairball that sleeps in a monogramed bed.
Kennedy's butt-ugly mutt has been living off of the reservation for the last three years surviving on road kill and the kindness of strangers.
Souter has a cat, of course.
Roberts has a nice, family friendly lab named "Lady" that wags and drools and gets hair all over your suit.
Thomas has a poodle, but he denies it.
Stevens' dog died of old age about five years ago, and even though the justice puts out a fresh bowl of kibble for it everyday, he still can't get it to fetch.
But Alito? I can't quite picture his dog.
But I'll bet it's a good-natured beast, like my own fat(he is NOT fat!)Fenway, as compliments his master.

Posted by: spd rdr at April 3, 2009 12:34 PM

Except, of course, for those two softies, John and Bill...

Not after being over here for fourteen months, I ain't...

Posted by: BillT at April 3, 2009 12:48 PM

Fourteen months? Brother, you can run that bus over me any time that it pleases you.

Head up, eyes up. Godspeed.

Posted by: spd rdr at April 3, 2009 03:04 PM

If I were Justice Alito, I would opt for a black Lab. If not, a Maine Coon cat.

Posted by: Cricket at April 3, 2009 03:17 PM

Thanks, spd, but these days my head's on a swivel and my eyes are mostly scouring the ground.

The annual scorpion hatch, don'tcha know...

Posted by: BillT at April 3, 2009 03:19 PM

The annual scorpion hatch...

Now's there's an image to fill my dreams tonight. I thinking lead-lined spacesuit pajamas.

Posted by: spd rdr at April 3, 2009 04:23 PM

Nup. Got the cot legs sitting in coffee cans full of water and I tie my boots to the backrest.

And no water or coffee three hours before beddy-bye...

Posted by: BillT at April 3, 2009 05:16 PM

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