Alito Is a ‘One-Justice Delta Force,’ CBS News Reporter Says
The legal reporter for CBS has concluded that Justice Samuel A. Alito Jr. is the Supreme Court’s “rock star” and Justice Antonin Scalia “needs to drop it.”
Writing at the CBS News Crossroads blog, legal correspondent Jan Crawford says Alito has emerged as the court’s “most insightful and strategic questioner,” and cites his performance in the funeral protest case argued on Wednesday as an example.
“He’s like a one-justice Delta Force,” Crawford writes. “He’s so quiet and low-key while drawing in the lawyers with his questions that he manages to plant several bombs before they even realize he’s on the attack.”
Scalia, on the other hand, “is in danger of becoming a caricature of himself, if he’s not there already, and he’s hurting his cause at argument,” she says. She cites an example: Alito had posed a hypothetical question about an elderly woman grieving for her grandson who is confronted by an anti-war protester.
“And then Scalia can’t help himself,” Crawford writes. ” ‘She’s a Quaker, too,’ he interjects. Ok, ha ha. Funny. The courtroom erupts in laughter. But what’s the point of it? It was a terrific question by Alito, and Scalia weakened it.”
The Supreme Court Insider (sub. req.) writes of another Scalia comment that appeared to irk a few of his fellow justices in a confrontation clause case. After Justice Stephen G. Breyer asked a question, Scalia jumped in and apparently tried to offer the arguing lawyer a lifeline with a reference to a prior case.
Justice Anthony M. Kennedy “did not appreciate Scalia’s advice,” the publication says. Observed Kennedy, “Perhaps there is another answer that I would like to hear.”
