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Peter Swire on why Alito's co-authored report isn't very informative [priv]
From: David Farber <dave () farber net>
Date: Thu, 3 Nov 2005 14:53:56 -0500
Begin forwarded message: From: Declan McCullagh <declan () well com> Date: November 3, 2005 11:14:21 AM EST To: politech () politechbot comSubject: [Politech] Peter Swire on why Alito's co-authored report isn't very informative [priv]
Previous Politech message: http://www.politechbot.com/2005/11/02/copy-of-judge/ -------- Original Message --------Subject: RE: [Politech] Copy of Judge Alito's co-authored report on privacy now available [priv]
Date: Thu, 03 Nov 2005 11:00:36 -0500 From: Peter Swire <peter () peterswire net> To: 'Declan McCullagh' <declan () well com> Hi Declan: A few comments on the privacy report from Judge Alito's college days. First, I was in the same major at Princeton as Judge Alito, severalyears behind him. These "policy conference" reports were emphatically group efforts, usually with negotiation, joint drafting, and the other hallmarks of a group project. The final report provides little evidence of any one
participant's views. Second, the hot-button part of the story is this recommendation:"The Conference voted to recommend that the current sodomy laws be changed. The Conference believes that no private sexual act between consenting adults should be forbidden." Note the language "the Conference voted." That is
the only indication of voting in the report, suggesting that a minorityobjected. Also, note that this seems like a proposed legislative change --
vote to change the laws. So there is no indication of a position on the constitutional right of privacy. Overall, the report is an impressive student effort to analyze the issues. Many of its recommendations have become law through the PrivacyAct, the Church Commission recommendations, the anti-polygraph law, and so
on. The report suggests that Judge Alito studied these issuesintensively. It does not tell us what he believed then, or believes now.
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- Peter Swire on why Alito's co-authored report isn't very informative [priv] David Farber (Nov 03)