Having clerked for Supreme Court Justice Samuel Alito, we were more than a little surprised by Dana Milbank’s June 25 Washington Sketch, “Alito is on a roll. An eye roll.” Perhaps it is a question of the eye of the beholder. Or perhaps it was a matter of not letting the facts get in the way of a good character attack.
Mr. Milbank criticized Justice Alito for allegedly making faces during Justice Ruth Bader Ginsburg’s reading of her dissent, contending that this is typical behavior when his female colleagues read their opinions. When Justice Sonia Sotomayor joked while announcing a decision in a “little-watched case about water rights,” for instance, Mr. Milbank said that Justice Alito “rolled his eyes and shook his head.” Mr. Milbank did not mention that Justice Alito had in fact joined Justice Sotomayor’s opinion. Indeed, it was an uncontroversial case that was decided unanimously.