ThinkSouth -- a weblog of the Center for a Better South

1.10.2006

What's a 'modest' judge?

During Monday's Supreme Court nomination hearings, we heard a lot about Judge Samuel Alito and his "modesty."

To wit, here are some comments directed at Alito (emphasis added):
It appears to me that you easily fit into the mold of what this nation has come to expect from Supreme Court justices: a first-rate intellect, demonstrated academic excellence, a life of engagement with serious constitutional analysis, and a reputation for fair-mindedness and modesty.
- Sen. Jon Kyl, R-Ariz.

Your modest approach to judging seems to bode well for our democracy.
- Sen. Mike DeWine

You have a record as a brilliant but modest jurist, one who follows the law, who exercises restraint and does not use the bench as an opportunity to promote any personal or political agenda.
Sen. Jeff Sessions, R-Ala.

I like Judge Roberts' phrase of modesty. I believe that is your philosophy also.
- Sessions,

I do know your reputation as one of ability but modesty. In fact, I remember distinctly somebody told me, 'Don't underestimate Sam Alito. He's a modest kind of guy, but he's probably the smart guy in the Department of Justice.'
- Sessions


How does a "modest" judge operate? What's behind this talking point? No where in the Constitution is modesty a requirement for the highest court in the land. We can say this for certain, judges, particularly ones in the South, who were on the side of equal rights in the 1950s and 1960s, were frequently described in most immodest terms - yet they were on the side of right.

Perhaps Fred Gray, who as a young lawyer represented Rosa Parks following her Montgomery bus incident, will paint a picture of why modesty may not be the best way to judge a potential justice. The Tuskegee, Ala., resident is scheduled to appear before the Senate Judiciary Committee on Thursday.

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