Among Supreme Court justices nominated by Republican presidents in recent decades, Clarence Thomas and Antonin Scalia are cited most often by conservative commentators as influential giants on the court.
But thereās another justice who warrants equal attention, says Mollie Hemingway, editor-in-chief of The Federalist.
Justice Samuel Alito, a 20-year veteran on the court, āis behind some of the most important work that the court has done,ā she says.
She recently authored the first biography on him titled āAlito: The Justice Who Reshaped the Supreme Court and Restored the Constitution.ā
In particular, she details the pivotal role Alito played in undoing one of the most consequential decisions of the Supreme CourtāRoe v. Wadeāand returning the regulation of abortion to individual states.
For the book, Hemingway interviewed almost one hundred people who have known Alito throughout his life, including his colleagues on the court.
In our interview, she takes us behind the scenes of the Supreme Court, some of its most momentous recent decisions, and how she believes it was transformed in the last half-century by justices who had a more progressive interpretation of the law and the Constitution.
I also get her take on escalating political violence against conservative figuresāfrom Supreme Court justices to President Donald Trumpāand the recent Department of Justice 11-count indictment of the Southern Poverty Law Center.
The indictment alleges the group deceived donors and funneled money to the leaders of the very extremist groups they claimed to fight.
Views expressed in this video are opinions of the host and the guest, and do not necessarily reflect the views of The Epoch Times.
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This indictment stunned me about what they were actually doing.
In this episode, I sit down with award-winning journalist Molly Hemingway,
editor-in-chief of The Federalist.
They were funding the leadership of various groups and then raising money
claiming to fight those very groups whose leaders they were funding.
She's the author of multiple bestsellers, including most recently Alito,
the justice who reshaped the Supreme Court and restored the Constitution.
Far and away, the most explosive stuff I found was about what happened
as part of that Dobbs leak.
You had justices having to be moved to secure locations.
They had to wear bulletproof vests.
What we're experiencing on the left with political violence is a massive crisis.
This is American Thought Leaders, and I'm Jan Jekielek.
Molly Hemingway, such a pleasure to have you on American Thought Leaders.
It's great to be here with you, Jan.
Congratulations on an absolutely incredible book, Alito.
I feel like I've learned a lot already about the Supreme Court.
Before we go there, let's talk a bit about the
indictment against the Southern Poverty Law Center.
I'm someone who's criticized the Southern Poverty Law Center for a very long time.
This is a group that, however it got its start,
whatever good work it may have done at the beginning,
in recent decades, it had become this very hateful group
that falsely accused its political opponents of being bigoted and racist.
They created hate maps and hate lists.
Charlie Kirk was on one of their hate lists shortly before he was assassinated.
They put Turning Point USA on there.
The Family Research Council was on their hate map.
Someone who said he'd learned about them from the Southern Poverty Law Center
went to the Family Research Council and tried to commit mass murder,
was prepared, armed to the teeth.
He ended up being involved.
A security guard stopped him.
The security guard was shot.
You can still go to the Family Research Council and see where the bullet holes were in there.
Yet this group was used by the media as if they had anything legitimate to say about anything at all.
I have criticized them for a long time.
This indictment stunned me about what they were actually doing.
They were funding the leadership of various groups
and then raising money claiming to fight those very groups whose leaders they were funding.
The indictment is not for that, per se,
so much as that they also were involved in wire fraud and bank fraud.
They set up fake companies to disguise what they were doing.
This is a very serious issue for an absolutely massive arm of the left-wing movement.
The leaders are kind of the key here, right?
Because these people were financing informants ostensibly, right?
It is actually portrayed that way in the indictment.
I think that's what the attorneys like to say.
And they've got very high-powered attorneys defending them.
They say, oh, we're just doing what the FBI does.
Well, that's not true in two ways.
One, you're not allowed to do things the FBI is allowed to do,
including some of their informant work.
Also, the FBI itself has a lot of problems when they get involved in informant work.
Sometimes they'll say, oh, we caught this person who was about to commit a terrorist attack.
And then you learn more and realize that it was the FBI informant himself or herself
who was instigating the attack.
So you can see why there's a problem with informant work anyway.
But they were not paying informants.
They were paying the leaders of these groups.
Sometimes these groups had not a nickel to their name,
and yet their leadership was being paid by the Southern Poverty Law Center.
So their argument is weak.
And also, it has nothing to do with committing wire fraud and bank fraud,
which is what the indictment is actually about.
And so is there a Supreme Court dimension now that's transitioning into Alito here?
Well, I'm not sure, but they're going to mount an absolutely massive legal defense
because the Southern Poverty Law Center has a nearly billion-dollar endowment.
They raise over $100 million per year.
So you'll see a lot of legal battles there.
Whether it reaches to the Supreme Court, we'll see.
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And now back to the episode.
I've been thinking a lot about this dehumanizing rhetoric.
I was at the White House Correspondents' Dinner.
I ran into Senator Deb Fischer on the ground after all this happened,
and she said, this is a product of the rhetoric we've been hearing.
And as this dehumanizing rhetoric escalates, and of course,
you just mentioned the Southern Poverty Law Center is no stranger to
pushing out this kind of thing.
I'm worried about the acceleration of this in our society here and the implications.
Political violence is something that happens.
It's something that can come from different groups of people.
You can acknowledge that and also acknowledge that what we're experiencing
on the left with political violence is a massive crisis.
It's not just that they're trying to kill the president and cabinet officials.
They're also going after individuals.
They assassinated Charlie Kirk,
the most important non-politician leader of the conservative movement.
They're also engaged in the type of terrorism or violence that we saw
as part of the BLM riots, where you had dozens of people killed.
They were the most destructive riots in the country's history.
You have various anti-Semitic attacks.
You have just assassinations of corporate leaders.
It's a problem, not just that this is happening, but what's happening in response to it.
You see people like The Atlantic, a publication, depicting Trump as Hitler.
You see major media figures and major political leaders
almost supporting and embracing this assassination prep.
And then when an assassination does happen, they make light of it.
It was after Trump had nearly been assassinated twice
that Jimmy Kimmel is joking about Melania Trump becoming a widow.
And it's not taken seriously at all.
Or maybe it is taken seriously, but almost in an encouraging way.
Our first lady, Melania, is here.
Look at her, so beautiful.
Mrs. Trump, you have a glow like an expectant widow.
Not so long ago, people making jokes like that.
I just don't think anybody would have thought of that as okay somehow.
Well, you might remember that after Reagan dealt with his assassination attempt
at the same location as this most recent assassination attempt,
Johnny Carson, who was hosting, I think, the Oscars,
delayed them because it was not appropriate to have a night of celebration
at a time when the president had been shot and nearly killed.
And you compare that to some of the rhetoric that you're seeing from the left
after Trump was nearly killed in Butler.
They developed crazy conspiracy theories about how he had done it to himself.
Remember that, you know, Cory Compatore died,
was murdered there by the Trump's attempted assassin.
And a recent poll showed that nearly half of Democrat voters
are conspiracy theorists about these Trump assassinations.
Even the guy who tried to kill him at the White House Correspondents Dinner
thought the previous attempts were hoaxes.
Even as he's trying to do it himself,
there are levels of delusion happening among some quarters of society that are not healthy.
How do we come back from that?
Well, probably through the same hard work that got us in the bad place
by the hard work of the left.
They took on the education environment, destroyed critical thinking,
taught people to hate their country, to hate institutions.
Think about someone who is the age of this most recent attempted assassin.
I think he was 31.
So for the last 10 years, you've had a completely corrupt media
who have lied about everything,
falsely accused Donald Trump of being a traitor who stole the 2016 election
by colluding with Russia.
You had all the COVID hysteria,
which had so much disinformation and misinformation from the government.
You've had all sorts of breakdowns in just dealing with reality from the media.
But prior to the last 10 years,
that person who tried to kill Trump most recently
was probably educated in an environment that taught him to hate his country,
hate a lot of traditional values.
And it's a problem.
On the media front, I do think that
people continue to give corrupt media way too much power.
Donald Trump did not attend what I think is a horrible dinner
that you attended, the White House Correspondents Dinner,
during his first term.
The dinner was dying on the vine.
It was the first time as president.
And then he grants them this wonderful gift of treating them as legitimate,
even with all the lies that they've told
and all of the water carrying they've done for corrupt government organizations.
I mean, they just act as a filter for some of the worst bureaucrats.
Oh, you said this?
I'll print it with no skepticism.
And they do it over and over again.
What does Trump do after surviving yet another assassination attempt?
He goes on, what was it?
60 Minutes.
60 Minutes?
60 Minutes manipulates videos.
It deceptively edits videos.
Why would you treat them like anything other than
the completely hostile actor that they are?
It's hard to take people seriously with their complaints about the corrupt media
when they're also continuing to watch it, read it,
give interviews, or in any way treat them as legitimate actors.
You know, there's a challenge here.
I mean, I'm thinking about these sort of questions a lot myself.
And, you know, a number of these media, for example, the New York Times,
they have this halo around them, maybe historical credibility.
I don't know exactly what it is.
But, you know, it's powerful, right?
And people are aware of that.
And so you kind of, I imagine, you know,
people hope they can have a piece of that halo or that glow, right?
I don't know exactly, right?
I don't know.
I mean, they've been so bad for so long.
How many decades?
It's one thing, you know,
the first Republican president to complain about the media was Dwight Eisenhower.
By the time you get to Reagan, you know, it's a known fact.
They're really bad.
George H.W. Bush had a bumper sticker that was his most,
he loved it, that said that they would give out at his rallies that said,
like, annoy the media, reelect Bush.
After decades of complaining about it,
but still acting like they are worthy of your time and energy
and that you should care what they have to say.
It's kind of on you.
And these people really do damage.
How did that half of the Democrat Party believe
that these assassination attempts are hoaxes?
They hear it on MSNBC and CNN from their other,
you know, top officials and leaders.
And so the thing that really annoys me is that the media used to be given
this view that they were treated like they were moderates,
that they were in between, that they were moderating things.
And so they would be given the privilege of, for instance, moderating a debate.
OK, you kind of understand that in the 50s and 60s,
maybe the 70s, I guess in the 80s, it's 2026.
You still have the Republican Party asking some of these crazy left-wing people
who are activists to moderate debates with their real Democrat opponents.
And it's just absurd, I think, at some point.
OK, we're going to get to Alito momentarily,
but I do have one more question for you,
because this is something that we struggle with at the Epoch Times, right?
The question is simply that, you know, there's a whole lot of people,
and I think this might be a part of the answer to your question,
the question you just posed.
There's a whole lot of people that listen to those media,
and those people also deserve to have better information.
I don't feel good about writing off everybody
just because people have chosen to believe media
that engage in a lot of, you know, bad reporting.
I still want to reach them, right, with good reporting.
That is absolutely fair.
I mean, even just to try to reach the audience of the New York Times reader,
that's a difficult audience in terms of how open-minded they are,
but it's still one worth reaching.
I think that you have to have skills at the level of a Donald Trump
or a Scott Besent to go in there.
If you understand that you're not just having a debate with an opponent,
but you're most hostile and most, you know, most rabid opponent,
if you understand that they are propaganda and then you go into it,
I think that's one thing.
If you're just treating them like you still have this 1960s view
of what the media are, that's where you're going to get in trouble.
All right.
Well, maybe we'll solve this problem together another day.
I really want to talk about the book.
Why Alito?
So I'd previously co-authored a book on the Supreme Court
with Kerry Severino, who's just wonderful.
And we interviewed nearly 100 people for that book.
And one of the things that people kept saying that stuck with me,
including some of Alito's colleagues on the court,
was that it was really weird that nobody talks about Alito
given what a giant he is on the court.
So we have tons of books about literally every other justice,
including the ones that got there like yesterday,
but we don't have anything on Alito.
He's been there 20 years and is behind some of the most important work
that the court has done.
So almost immediately when I heard that,
I thought, well, there should be something on him.
And he only became more interesting in the intervening years.
He authored the Dobbs decision,
which was this big goal of the entire conservative legal movement for 50 years
to overturn the very flawed Roe v. Wade decision.
But it never happened because people lacked the courage
or things would fall apart under pressure.
He did that even just recently.
He has this other monster opinion saying that
racist gerrymandered districts are unconstitutional.
And it also relies heavily on how the statute was wrongly interpreted over the years.
These are just really big, important decisions that affect the country.
And I wanted to learn more about him.
And I am really happy that I did.
And I'm also happy that other people want to learn more about him.
So one of the themes that at least through the first four chapters,
because this is as far as I've gotten,
there is this idea that there's precedent, there's legal precedent.
Once decisions are made, they tend to be carried out.
But then there's this, I guess, this juxtaposition
where some of those precedents turn out to be incorrect.
And how do you actually, when there is an incorrect view of the Constitution
that's been promulgated for whatever reason, even over several decisions,
how do you challenge that?
I mean, this seems like kind of a centerpiece in a way of what your book is about.
And one of the things I try to do in exploring who Alito is
and what his jurisprudence is,
and interspersed with all the fun behind the scenes stories of what's happening,
what's really happening on the court,
is to give that historical perspective as well.
And a lot of people, you know,
they kind of know the court is in maybe better shape than it was for a while.
But what happened?
Well, you had progressives who were dominant in the early part of the previous century,
Woodrow Wilson, FDR.
They really pushed for a court that would allow
radical things to happen in the federal government.
And FDR succeeds with that.
He replaces everybody on the court.
And for decades, it just gets to become this place
where it's more ruled by men than by law.
People would, you'd have justices openly say,
I just vote the way I think things should be,
or the only rule I care about is the rule of five,
or the Constitution.
I don't care what it meant when it was created.
I care what I think about it now.
And they were very open about it.
And there were a lot of really bad decisions
where the court would say,
we don't like the way people are voting,
so we're just going to impose it upon them.
That's not what the founders imagined for the court.
The conservative legal movement gets going in the 70s
and really takes off in the 1980s.
And you start seeing what are called originalist judges.
These are people who do care about the original meaning
of the Constitution
and how to understand the Constitution that way.
They also have very logical approaches to the statutes.
75% of the cases before the court
don't deal with the Constitution,
but with federal statutes, with federal laws.
How do you interpret those?
And we now have an originalist majority.
But one of the things that's interesting about Alito,
he's one of the five who cares
about the original meaning of the Constitution.
He does have a lot of respect for precedent.
He does view that as something
that is part of a respect for rule of law,
but he's also willing to overrule precedent
when it's deeply flawed.
What would you say is the, I don't know,
most provocative thing you learned about Alito
in your research?
Well, Alito himself is not provocative.
I interviewed, again, nearly 100 people.
These are people who've known him throughout his life,
his colleagues on the court.
He's a remarkably consistent and conservative
and reserved person.
I would say his sense of humor.
I don't think I really realized that as much.
And then also the trouble he's gotten in
for his facial expressions, I think is funny.
And he used to debate when he was a kid.
He was a debate champion.
He would sometimes get marked down
for his facial expressions.
But he will also get in trouble as an adult in this way.
So he, at the State of the Union in 2010,
President Obama said something
that everybody agreed was false.
He falsely characterized a recent court decision.
And Sam Alito is sitting there at the State of the Union
and mouths the words, simply not true.
The cameras caught him.
He got in a lot of trouble for that.
Or sometimes he'll roll his eyes, apparently,
at a colleague.
But far and away, the most explosive stuff I found
was about what happened as part of that Dobbs leak.
Someone that's kind of new, relatively new,
to watching all of this unfold,
a D.C. neophyte of sorts, right?
I guess at the time that this whole court case was happening,
it was still fairly new in D.C.
And I mean, it was war.
It was unbelievable.
I mean, the moment that it leaked,
and the justices did know a few days prior
that it was going to be published by Politico.
But when it leaked, you had immediate protests
at the Supreme Court.
You also had immediate protests
at the homes of the Supreme Court justices themselves,
if they were part of that Dobbs majority.
And people were celebrating whoever had leaked this.
They thought it was great
that the justices' lives were being threatened.
You had justices having to be moved to secure locations.
They had to wear bulletproof vests.
There were churches and pro-life centers
that were firebombed or otherwise attacked.
It was a very bad situation.
And to make it worse, you had the Department of Justice
and Merrick Garland doing nothing,
even though it's against the law,
to protest at a federal judge's house
to get him or her to change their opinion.
And that's obviously what was being done.
You even had an assassin show up on Brett Kavanaugh's street.
He was arrested and later convicted
for trying to kill Brett Kavanaugh
and at least two other justices.
And in Alito, I show how the liberal justices
actually slow-walked their dissent
to prevent the Dobbs decision
from being officially released.
A decision isn't final at the Supreme Court
until it's publicly released.
And to be publicly released,
you have the majority opinion,
but then you have any dissent or concurring opinions,
anything like that,
or arguments that also come out at the same time.
So by not getting their dissent done,
the liberal justices were able to keep those justices
under constant pressure for nearly two months.
And I have all the details,
and they've never before been reported.
And it's really shocking behavior, I think.
For those that are the uninitiated,
why is this particular issue so charged?
It's another story I get into in the book
is sort of the history of how abortion
has been handled by the court.
In some ways, the issue is really charged.
I mean, first of all, it's dealing with life and death.
It's dealing with what you think
about whether children in the womb
with their lives should be protected,
whether abortion is good for the mothers or bad.
These are really important issues
that get at the heart of
what do you think it means to be human?
What does it mean to have human dignity?
What are the responsibilities of government?
But what the court did in 1973
is write what many people consider
to be one of the top two to five
worst decisions the court ever issued.
And they said, we are going to claim
that there is a hidden right to abortion
that the founders put in the Constitution.
It's patently and obviously not true.
But they said it, and they just asserted it.
And they took away from the people
the right to debate what abortion policy should be.
And for 50 years, people complained.
We would like to debate this issue,
or we would like to protect children
at this stage of gestation,
or we would like to ban
this particularly barbaric practice
of how to end an unborn child's life.
But they weren't allowed to
because the Supreme Court said
that they had somehow located a secret place
where the abortion was in the Constitution.
And then everyone knew it wasn't true.
Liberals knew it.
Conservatives knew it.
But I don't think that a lot of the public
that would be opposed to ending Roe v. Wade knew it.
Does that make sense?
I don't know.
I mean, I think the issue was that,
I want to say that even liberals
acknowledged at the time,
they would say, I actually do support abortion.
I don't think this decision
does an even halfway good job
of pretending to be law.
And so Ruth Bader Ginsburg,
who's a lioness on the court,
she herself criticized the Roe v. Wade decision
on those same grounds.
She thought it should be that the people
were deciding their policy
and that this took it away from the people.
But people really like abortion.
Some people like abortion.
Some people like that this enables
a certain treatment of sex
that more aligns with their values.
And so they would fight it at all costs,
even though if they were being honest,
they would say it's not the best law here.
And so every Supreme Court confirmation
became a battle over that issue.
And anytime the court came close
to overturning Roe v. Wade,
there would be this massive public pressure campaign
that the justices would crater under.
So in 1992, there was a really good case
called KCB Planned Parenthood.
Everyone expected this would finally overturn Roe v. Wade.
Three Republican appointed justices,
Sandra Day O'Connor, Anthony Kennedy, David Souter,
they form a troika, they call themselves,
to save Roe v. Wade.
They said, okay, we all know it wasn't hidden
where the court said it was hidden,
but we found this other place that it's hidden
and it's a better place for it to be hidden.
And now you all have to stop fighting about it.
Well, if you paid attention to abortion politics since 1992,
nobody stopped fighting about it.
Everybody still wanted the chance to debate and discuss
and have their legislatures set policy.
And finally it happens four years ago.
Is this the end of it?
Well, there were so many cases
that were being brought to the Supreme Court
to deal with abortion.
It definitely ends,
what Alito did in his Dobbs opinion was,
it's called a landmark decision.
It is exhaustive.
It goes through everything to show that,
in fact, the founders did not think
that there was a hidden right to abortion
somewhere in what they had framed.
The framers of the 14th Amendment
certainly didn't think that.
The laws at the time did not support this.
Nothing about the history or natural law supports this.
So it's an exhaustive opinion.
I'm sure there will still be challenges
because legislatures will decide different things
and then people will take it to task.
But it certainly is at least going to be
on the basis of logic and law
as opposed to what Roe v. Wade was,
which was just kind of the opinions of seven guys
or however many people on the Supreme Court there.
We've seen quite significant activity
in the Supreme Court
since this originalist majority was created.
Which are the most significant in your mind?
Other than Dobbs, obviously.
So the court had for so many decades
a majority that was not originalist.
We've only seen the Supreme Court
have an originalist majority since 2020
when Amy Coney Barrett replaced Ruth Bader Ginsburg.
And so one of the things I do in the book
is look into how the five originalists
differ from each other.
But they've already done really important work.
You know, a lot of times people
will criticize different justices.
And one of the people who gets a lot of criticism
would be Chief Justice John Roberts.
They think that because he did a bad job
with some previous decisions
maybe to settle an issue,
you should just say what's what
and he'll go a third of the way.
And he thinks that will be a better approach.
He gets a lot of complaints from people.
His Obamacare decision in particular
outraged many Americans.
But one of his big successes in recent years
has been ending racism
and saying that affirmative action programs
because they're racist are unconstitutional.
And there was a case brought against colleges
on behalf of Asian American students
who were being discriminated against.
That was one of Chief Justice John Roberts' big victories.
Clarence Thomas, when he joined the court in 1990,
he had these opinions that seemed very different
from almost everybody else
about how gun rights are an individual right.
Well, now that is what the court has held
and he has worked on that throughout the years.
Justice Alito's big history,
obviously he'll be remembered for Dobbs.
He will also now be remembered for ruling
that racist gerrymandering is unconstitutional.
That's a huge opinion.
And to have a guy with so many huge opinions
is somewhat rare.
He also authored the Hobby Lobby decision
which protected the religious rights
of family-owned corporations.
Religious liberty is a big issue,
not just for Alito,
but for this originalist majority.
And Alito has really tried to correct a lot of problems
that we saw with the court
with how they were marginalizing minority religious figures
or not protecting their religious rights.
Yeah, I've been thinking a lot
about the First Amendment lately.
In a whole suite of contexts,
even in my own book that I wrote recently,
it's made me think a lot more about what it means
when basic, your core protection from government,
the right to believe what you want to,
not have someone coerce you in that way.
How central that is actually
to this free form of government that we practice here.
Well, I think it's so interesting
what is included in the First Amendment
and what it's really getting at.
So we have freedom of speech.
We have freedom of the press.
We have the most important first freedom,
freedom of religion.
We have the right to peaceably assemble
and seek redress from the government for our grievances.
All of these things are about really seeking truth,
having the right and the ability to seek out the truth.
You cannot do that without free and open debate.
And you look at what some people have been doing recently
to that free and open debate
with censorship, with lawfare,
with attempts to shut down voices
that say things they don't want said.
You know to see it in authoritarian regimes
throughout the world,
but you're also seeing it in our country at times
and also through our corporations
working with the government.
And talk about a founding principle,
it's all there in the First Amendment.
One of you, you do look at Murthy v. Missouri a bit
in those first four chapters somewhere, I know,
because that was one case that I followed very closely.
Well, and I think it was frustrating
for people who were censored,
who were dealing with that censorship.
And the way Alito handled that,
I think also shows how he is different
from some of his colleagues.
So with these cases,
you had social media companies censoring Americans
frequently at the behest of the federal government.
Or they were dealing with state laws,
which were saying you can't censor people,
you're violating their rights.
Well, the court had sort of a tissue-thin unanimity
on the issue or saying that things need to be settled
at a lower court level.
But one of the things in one of these free speech cases
was that a bunch of the justices decided
that if social media companies set algorithms,
that's just like an editor of a newspaper
deciding which stories get featured.
And so they have free press rights
and that's all you have to think about it.
And Alito didn't say he disagreed necessarily,
but he thought they should actually look at it,
look at the issues underlying that.
Is that true?
How is an algorithm set up?
What are the factors that go into the algorithm?
How much of it is human?
Is it really the same thing that Facebook's algorithm
is like the Des Moines Register's editorial decisions?
Or should they analyze it more?
He likes to look at the facts of the case.
Most of his colleagues like to look
at a very high theoretical level.
Well, I like free speech and that seems like free speech,
so we'll just leave it at that.
He wants to dig in more.
What do you hope people will learn here?
So one of the things that concerns me
about our current moment is that people seem
to be picking these extreme sides.
Even in the conservative movement,
you'll see people say,
well, the only thing that matters
is that you have a set philosophy
and people who want to have political wins
are doing it at the expense
of this philosophy that we hold.
And then you do have people
who don't really care about the philosophy at all.
They just want to win.
And I think with Alito, he is this model.
He is clearly the most conservative
Supreme Court justice.
There are many libertarians
on the court historically and now,
but as far as an actual conservative,
Alito's the conservative on the court.
And he shows that you can retain,
can and should have
your strong philosophical position,
but you should also think
about how it's helping people
and how to apply the principles
that you so dearly hold
so that they do help people.
He's much more practical
and that's a good thing
I think people should follow.
Okay, that's a fascinating distinction
because it's not,
I mean, it's also hard to apply, isn't it?
Well, we all have challenges with this,
but we shouldn't see these things
as being in conflict
and we should be motivated
by strong principles
and 250th anniversary of America,
we have all these founding principles,
which really do help explain
why we are different as a people.
And we have not seen them applied perfectly
in the last hundred years or so.
And so to fight for that is important.
And Alito does see this
as a fight for the country.
He knows the country,
he knows that the country
has made some decisions
that put it in a weaker position
and he thinks that people should be,
you know, they just should accept,
meaning accept the reality of that
and do what it takes to fix it.
What's the most compelling argument
for you in your mind
to why we should be originalists?
I mean, I can tell you're,
you like the idea of originalism
on the Supreme Court.
At least that's the sense I get.
Correct me if I'm wrong.
What is the most compelling way to explain
why that should be the case
aside from just maintaining tradition?
Well, I think that in many ways,
these people have won the argument.
The originalists have won the argument.
They have made the case
that the constitution is the document
that we are bound by,
that we've all accepted,
that we all support.
You can have tons of different opinions
in this country,
but that's our country's framing document.
And they are making logical sense
that because of when we signed onto it,
we have to go with the meaning of the words
at the time that the document was signed.
It's just a very clean,
natural, logical argument.
Now, I do think that sometimes
you can take so much into that
that you don't think about the qualities
of a judge being important also.
Look, throughout history,
we've always had judges
to settle difficult disputes.
And judges do need to be men and women
of a certain caliber,
a certain disposition.
They need to be able to analyze things
thoughtfully and at a high level.
And I think that sometimes people
who care so much about originalism,
they also need to remember
the importance of judicial temperament
and a judge who thinks about
how the whole point of law
is to have ordered society,
which means you do care
about the societal implications
of what you're handing down.
The Supreme Court justices,
they're supposed to focus on the law,
not on the politics,
not on the pressure campaigns
and all that stuff.
But when there is a threat
that the Supreme Court could be packed
or go by the wayside or whatever,
is that something they should
also be thinking about?
Well, I think the big problem is
any time a justice
tries to be a politician,
they just fail.
They're very bad at being politicians.
And the way to preserve
the integrity of the court
is just by being a court,
not being a political entity.
So when you let the media
or other left-wing activists
try to shape what your decision
is going to be
and then it affects things,
the big lesson that the media
and other left-wing activists
take from that is,
oh, that guy can be pressured.
We'll do it again.
If you say,
let the chips fall where they may,
I have to do what the law states
and I have to make a fair decision here,
then they realize that they're not
going to be able to bully you as much.
Now, you will face a lot of pressure.
Justices Thomas and Alito,
they have faced unbelievable pressure
against them, their spouses,
their family members.
So you have to be willing
withstand that.
But I think everyone knows
you're not going to sway them
through pressure campaigns.
And that's actually a good place
for them to be.
So yeah, let justice be done
though the heavens fall.
Yeah, that's actually on a plaque
in Justice Alito's chambers.
It was something that he got
from the judge he clerked for,
Garth, on the Third Circuit.
And it comes from,
it actually has quite a history
referring to how judges should operate.
Even if you have braying mobs outside,
you know, telling you that you have to
rule one way or the other,
you have to let justice fall.
You have to be able to withstand
the pressure.
Alito has clearly done that.
It's almost remarkable
to have a man like that
in the country who's got
not just the moral courage,
but the physical courage
to take on Roe v. Wade,
which, you know, again,
it was everyone
in the conservative legal movement.
There was no disagreement.
Everybody knew it had to be
overturned.
And yet it still kept on not happening.
Justice Thomas,
I tell the details in the Alito book
about how he came to give that opinion
to Alito to write
and why Alito was the person
he chose to write it.
Because each justice
has their different strengths.
And one of Justice Alito's strengths,
and we saw this again
with the Voting Rights Act decision
that just came out, which is major,
he keeps a majority together.
Like he might personally
be willing to go
farther than the majority would go,
but he knows how to write something
that is strong and compelling,
but keeps a majority together.
It's an important skill
that also speaks to pragmatism
that we all should try to emulate
and prudence in our day-to-day lives.
It's fascinating.
I mean, this kind of juxtaposition
with being both principled and pragmatic.
And again, you know,
how to balance,
find the right balance for that.
I suppose that's a life project.
Well, it certainly helps
that he was raised in a certain way,
and he learned how to be prudential,
particularly from his father,
who was a career civil servant.
Right, you were saying like,
just aggressively nonpartisan
sort of thing, right?
Yeah, but his own family
did not know where he stood politically
because he was serving
both Republicans and Democrats
in the New Jersey legislature.
He had to handle redistricting,
which is an interesting thing
about this recent case that came down.
But that heavily influenced Alito.
And I think it also tells us,
we should raise our kids
so that we inculcate in them these values.
And I don't think you use the word necessarily.
Maybe you will,
but you get this strong sense of humility
from the reading of your book.
Well, you know this
since you've been in D.C. for long enough,
that there are a lot of people
who they love to be the center of attention.
And the higher position they are,
oh, they love just having that like vortex
that comes into them
that hangs on every word.
And a lot of justices are like that,
or some of the justices are like that.
Justice Thomas and Justice Alito
are the opposite.
They would so much rather
talk to a normal person,
hear what they have to say
than to be weighted upon
and have everybody paying attention to them.
And I like that humility.
I like people who are able to speak with Americans
and aren't just existing in elite circles.
So how can people get the book?
Anywhere books are sold, Alito.
It's out now and loved writing it.
I also recorded the audio book.
So you can do it audio book,
Kindle, hardcover.
I don't care which ever way.
But I really hope people do understand,
there are these giants on the court.
We know so much about Thomas.
We know so much about Scalia
who died in 2016.
But here's this guy
who we know almost nothing about.
And so I hope people enjoy learning about him
as much as I enjoyed writing Alito.
Well, you've got one enjoying reader right here.
Molly Hemingway, it's such a pleasure to have had you on.
Thank you, Jan.
Thank you all for joining Molly Hemingway
and me on this episode of American Thought Leaders.
I'm your host, Jan Jekielek.