Samuel Alito’s Conservative Views Earned Him Nickname ‘Scalito’

Donna Cassata, AP, Oct. 31

WASHINGTON—Samuel A. Alito has been a strong conservative jurist on the Philadelphia-based 3rd U.S. Circuit Court of Appeals, a court with a reputation for being among the nation’s most liberal.

Dubbed “Scalito” or “Scalia-lite,” a play not only on his name but his opinions, Alito, 55, brings a hefty legal resume that belies his age. He has served on the federal appeals court for 15 years since President George H.W. Bush nominated him in 1990.

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In a 1999 case, Fraternal Order of Police v. City of Newark, the 3rd Circuit ruled 3-0 that Muslim police officers in the city can keep their beards. The police had made exemption in its facial hair policy for medical reasons (a skin condition known as pseudo folliculitis barbae) but not for religious reasons.

Alito wrote the opinion, saying, “We cannot accept the department’s position that its differential treatment of medical exemptions and religious exemptions is premised on a good-faith belief that the former may be required by law while the latter are not.”

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In 1999, Alito was part of a majority opinion in ACLU v. Schundler. At issue was a holiday display in Jersey City. The court held that the display didn’t violate the establishment clause of the First Amendment because in addition to a creche and a menorah, it also had a Frosty the Snowman and a banner hailing diversity.

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In Fatin v. INS (1993), Alito joined the majority in ruling that an Iranian woman seeking asylum could establish eligibility based on citing that she would be persecuted for gender and belief in feminism.

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