In his comments on the Alito hearings in The New Yorker, legal analyst Jeffrey Toobin appropriately criticizes the highly choreographed dance that makes it difficult to really learn anything substantive about folks being nominated for life time tenure on the one body in our Constitutional government that truly and fully have the power to shape law and policy without ‘the consent of the governed’. If there’s anything we should see and hear at all — any single most important thing — Toobin writes, it should be to give us a clear sense of a nominee’s politics. The Alito hearings didn’t do that clearly or forthrightly. They were, in Toobin’s phrase, a ‘charade’.
And it is in the interest of making sure words like ‘charade’ and ‘integrity’ have meaning that I suggest Toobin take a second look at his assessment that “Alito’s career, as well as his testimony, shows him to be a man of intelligence and integrity.” Intelligence? Certainly. He intelligently followed the rules of the dance and avoided providing a forthright, clear explanation of his beliefs, his values and his politics on the issues that most concern our nation and the world.
Integrity? No. For, let us ask Alito and let us ask Toobin, how can a human being who participates in a ‘charade” claim integrity or be described to have integrity?
Alito did what he needed to do to get a job. He certainly did not share with us what he really believes in as a man, as a judge, as a lawyer, as a leader and as a fellow American.
He was the central actor in a charade. Only this charade was not some joke or after dinner game. If Alito had any integrity — a shred of meaningful integrity — he would have risked his self-interest in service of his nation. Integrity is not something revealed when nothing is on the line. It’s best displayed — like all virtues — when much is on the line.
When writers like Toobin put ‘integrity’ in the same paragraph as ‘charade’, they’d be well advised not to attempt to ascribe both to the same person. Not at least if they intend their words to have meaning.