November 03, 2005
Alito's Dissents
Posted by Gordon Smith

I was traveling to Baltimore today, so I am catching up. This article in the NYT caught my eye. It discusses Alito's dissents. I have not read most of the cases discussed, but this paragraph made me laugh:

Federal courts hear relatively few personal injury cases, but Judge Alito dissented in four of them. In two, he voted against the injured plaintiff.

And in two of them he voted for the injured plaintiff.

The article also stated that he dissented in four cases that later were decided by the Supreme Court. Three of his dissenting positions became the prevailing position at the Supreme Court. (The one exception was Casey.) That is an amazing record for an appellate judge. Indeed,

Frank B. Cross, a law professor at the University of Texas who has compiled a database tracking how the Supreme Court reviews appellate decisions, said: "This is the highest of anyone in the database."

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