Sen. Lee throws a hissy fit and demands an apology when a legal expert criticizes Justice Alito

Sen. Lee throws a hissy fit and demands an apology when a legal expert criticizes Justice Alito

On July 14, election law expert Rick Hasen was among the people who testified during a Senate Judiciary Committee hearing on voting rights. Hasen has been critical of right-wing U.S. Supreme Court Justice Samuel Alito's ruling on voting rights in the case Brnovich v. the Democratic National Committee. And when Republican Sen. Mike Lee of Utah took exception to his criticism of Alito and demanded an apology, Hasen doubled down on his views.

Democratic Sen. Alex Padilla of California, questioning Hasen, noted that Alito considers himself a champion of "textualist judicial philosophy" but argued that when he wrote the majority opinion in Brnovich, Alito "abandoned textualism altogether" because his opinion was "divorced" from the intent of the Voting Rights Act of 1965. And Hasen agreed with Padilla, saying that Justice Elena Kagan's dissent in Brnovich was more "textualist" than Alito because she considered that law's intent.

Hasen said of the Brnovich ruling, "This opinion abandons textualism. They came up with these guideposts that have absolutely no connection to the text of the statute or even to precedent, which is something that textualists will often look to…. What Justice Alito did was smoke and mirrors."

Lee, however, had a hissyfit following Hasen's testimony, saying he was "stunned" to hear someone say that Alito abandoned textualism in order to defend "reprehensible voting practices." The Utah Republican ranted that Hasen's intent was to "assail one of the finest justices to ever serve."

Don't come in here say and that you think [Alito] is using [the ruling] as a veneer, as a pretext, to getting away with something reprehensible. That's not fair! That's not accurate. You cheapen this entire process when you do that! I hope that those who made that suggestion will apologize and retract what they say. Because it it's wrong! Not just factually incorrect, but it's morally wrong! Don't do that. That's not what happened. You know that's not what happened." Lee declared. "The arguments that we've just heard about Justice Alito are patently wrong and unfair."

But when Hasen testified some more, he didn't back down in his views on Alito β€” reiterating that the High Court justice and George W. Bush appointee disregarded textualism in Brnovich.

Voting rights activists have been vehemently critical of the High Court's Brnovich ruling. In an official statement on the decision, LaTosha Brown and Cliff Albright β€” the co-founders of Black Voters Matter β€” said, "The Court's decision in Brnovich v. DNC is not only dangerous; it's a political attack on voting rights. Today's ruling, which allows states to make discriminatory rule changes in our elections as long as they can argue that they didn't intend to discriminate, guts a key section of the Voting Rights Act of 1965 and sets the stage for yet another wave of Jim Crow-era voter restrictions."

#story_page_ below_article

Understand the importance of honest news ?

So do we.

The past year has been the most arduous of our lives. The Covid-19 pandemic continues to be catastrophic not only to our health - mental and physical - but also to the stability of millions of people. For all of us independent news organizations, it’s no exception.

We’ve covered everything thrown at us this past year and will continue to do so with your support. We’ve always understood the importance of calling out corruption, regardless of political affiliation.

We need your support in this difficult time. Every reader contribution, no matter the amount, makes a difference in allowing our newsroom to bring you the stories that matter, at a time when being informed is more important than ever. Invest with us.

Make a one-time contribution to Alternet All Access, or click here to become a subscriber. Thank you.

Click to donate by check.

DonateDonate by credit card
Donate by Paypal

Don't Sit on the Sidelines of History. Join Alternet All Access and Go Ad-Free. Support Honest Journalism.