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Wednesday, January 11, 2006

Rude answers not given by Samuel Alito -- Part 1.

A passage from the Day 2 transcript:
FEINSTEIN: So if I understand this, you essentially said that you wanted to follow precedent, newly established law in this area. And you left a little hedge that if Congress made findings in that law, then that might be a different situation. If Congress did make findings, would you have agreed that that statute would been constitutional?

ALITO: What I said in the opinion and what I will reiterate this afternoon is that it would have been a very different case for me. I don't think I can express an opinion on how I would have decided a hypothetical case.

FEINSTEIN: It's not hypothetical. I'm just asking you, if there were findings as you said, you might have sustained the law.

ALITO: And I reiterate that...

FEINSTEIN: And I'm just asking you would you have sustained the law...

ALITO: I don't think that I can give you a definitive answer to the question because that involves a case that's different from the case that came before me.
Too bad Alito has to play nice and can't say Duh, Senator, don't you know what "hypothetical" means?

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