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By John and Hannah Smith

Editor’s note:  You can support Judge Alito’s confirmation by writing your senator through the Family Leader Network at www.familyleader.netTell your senator to vote “yes” to confirm Judge Alito because he is a man of integrity, experience and brilliance.  Click here to send an email to your senator. Just enter your zip code and pictures of your elected officials will appear. A link to their email address is directly below their picture. Your voice on this is more important than you know. Unfortunately, he will not be confirmed without a fight.

As the Senate begins confirmation hearings for Judge Samuel A. Alito, Jr. to the US Supreme Court, members of the Church of Jesus Christ of Latter-day Saints have reason to be very pleased that President Bush nominated a man of Judge Alito’s character and credentials. We were honored to serve together as law clerks for Judge Alito in 2001-2002 and thus come to know the man on the bench.

Allow us to share some personal insights into who he is. We first met the Judge in 1999, when interviewing for the positions. When we arrived for the interview, we met initially with his clerks. Mid-conversation, the clerks rose respectfully when Judge Alito entered. His humility was immediately evident. He smiled graciously and welcomed us to his chambers. We already knew of his reputation as a family man; he proved it by hiring a whole one!

As clerks, we learned several things about him that stand out. First, Judge Alito is supremely experienced. His life’s work has been to serve the American public as a brilliant lawyer and judge. He began as a federal prosecutor in his native New Jersey, then served as an assistant to Solicitor General Rex Lee in the Reagan Administration, then earned a position in the Justice Department’s office that advises the U.S. president. 

He then returned to New Jersey as its top federal lawyer. And for the past 15 years, he has served as a judge on the U.S. Court of Appeals for the Third Circuit (which includes New Jersey, Delaware, and Pennsylvania). Reflecting the consensus that his qualifications are beyond question, the American Bar Association recently gave Judge Alito its highest rating.

Second, Judge Alito has the right judicial temperament. He is mild-mannered and soft-spoken. He brings this quiet dignity to his work. His meticulously methodical opinions avoid sharp zingers. Rather, with reasoned clarity, he directly responds to the strongest opposing arguments without belittling them. He likewise respects the individuals with whom he interacts, treating janitors and judges with equal courtesy and respect.

Third, Judge Alito is a man of integrity and fairness. Among his clerks, the Judge has hired Democrats, Republicans, and Independents.  And these former clerks universally attest to his unwavering commitment to follow the law and the Constitution and to keep his personal views out of the courthouse. Regardless of your political or philosophical viewpoint, you can trust the Judge to be honest and fair. He is a man of his word. We have seen that he does not pre-judge cases or use them to advance an ideological or political agenda.  He is even-handed and thorough, and his passion is to get it right.

Fourth, he is a man of compassion. One example occurred the first time one of us observed Judge Alito presiding at an oral argument.  One particular lawyer was struggling awkwardly. She committed a procedural mistake and was on the verge of keen embarrassment. As others in the courtroom began to snicker, the Judge deftly interposed a question that headed off her humiliation.

Finally, a person’s heroes reveal something about them. A few years ago, Judge Alito accepted our invitation to speak to the J. Reuben Clark Law Society at its luncheon in Washington, D.C., to honor the legacy of Rex Lee. Judge Alito delivered a stirring tribute to Rex Lee, who formerly had been the young Alito’s boss as the Solicitor General. (Lee was earlier the founding dean of the J. Reuben Clark Law School and later president of BYU). The Judge recalled the qualities that made Lee great: he was “a brilliant man, but did not feel it necessary to try to impress,” had a “respect for the law and the institution of the Court,” and that his “honesty and genuineness were unquestionable.”  In closing, he credited Lee with demonstrating that “personal goodness can lead to greatness as a lawyer, educator, and public servant.” Judge Alito would know.  He embodies these same qualities and will make a great Justice.

Hannah and John Smith clerked for Judge Alito from 2001-2002. John practices law at Covington & Burling and serves in the bishopric of the Alexandria 2nd Ward in the Mount Vernon, Virginia Stake. Hannah gave birth to their first child in September and is currently on maternity leave from Williams & Connolly. She serves as ward Relief Society president.

 


© 2006 Meridian Magazine.  All Rights Reserved.

About the Author:

John received his undergraduate degree, magna cum laude, from Princeton University, where he was elected senior class president, selected to Phi Beta Kappa, and authored a thesis about the post-Soviet transition. He received his law degree, magna cum laude, from Brigham Young University Law School, where he was lead articles editor of the Law Review.

He and his wife Hannah clerked together for Judge Samuel A. Alito, Jr. on the U.S. Court of Appeals for the Third Circuit in 2001-2002. John practices law at Covington & Burling, concentrating in international law and white collar criminal defense.

Fluent in Russian and Ukrainian, he has served as an intelligence specialist and a JAG officer in the US Army’s reserve forces.

John served in the Ukraine Kiev Mission, opening several cities to LDS missionary work. He currently serves as a counselor in the Bishopric of his ward.

------------------------

Hannah Clayson Smith received her undergraduate degree from Princeton University, concentrating in the Woodrow Wilson School of Public and International Affairs. She received her law degree, magna cum laude, from Brigham Young University Law School, where she was executive editor of the Law Review. She is a member of the Order of the Coif.

She and her husband John clerked together for Judge Samuel A. Alito, Jr. on the U.S. Court of Appeals for the Third Circuit in 2001-2002. Following private practice in litigation in Washington D.C., she clerked for Justice Clarence Thomas on the United States Supreme Court during the 2003 Term. After her clerkship, she returned to private practice as a litigation associate at Williams & Connolly LLP. Hannah gave birth to their first child in September and is currently on maternity leave.

Hannah served in the Switzerland Geneva Mission. She has served as Young Women president and as a gospel doctrine teacher. She currently serves as Relief Society president in her ward.

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