Information regarding Judge Alito:

1.    Please see Michael Schmier's open letter regarding the upcoming Senate confirmation hearings of Judge Samuel Alito, and the important role that issues of precedent and governmental secrecy should play in those hearings.

2.    May 6, 2005 memo by Judge Samuel Alito to Standing Committee chair Judge David Levi regarding FRAP 32.1 and the April 18, 2005 meeting of the Advisory Committee on Appellate Rules.

3.    May 24, 2004 memo by Judge Samuel Alito to Standing Committee chair Judge David Levi regarding no-citation rules, unpublished opinions and FRAP 32.1.

4.    Fax transmittal to Advisory Committee chair Judge Samuel Alito, advising him that at Chief Justice John Roberts' Senate confirmation hearings, he repeatedly testified that stare decisis and precedent are all about "settled expectations" that people believe the law is what the courts say the law is.

5.    The Advisory Committee on Appellate Rules, chaired by Judge Samuel Alito, Jr. of the Third Circuit, voted to approve FRAP 32.1 (7 - 2).  Committee member John G. Roberts, nominee for chief justice of the United States, has twice voted to approve FRAP 32.1.  Upon confirmation as chief justice, Roberts will be chairman of the Judical Conference of the United States and will appoint its future members.  The Advisory Committee transmitted the proposed new rule to the Standing Committee on Rules and Procedures of the Judicial Conference, with a recommendation that it be approved and transmitted to the Judicial Conference for its consideration.  In deciding to approve FRAP 32.1, the advisory committee considered the Federal Judicial Center's study of the effects of no-citation rules.

6.    Judge Alex Kozinki's January 16, 2004 letter to 3d Circuit Judge Samuel Alito, Jr. in opposition to Proposed Federal Rule of Appellate Procedure 32.1. (Index of Attachments.)  Professor Stephen Barnett responded to Judge Kozinki's letter in this letter to Judge Alito.  Also see Ken Schmier's comment on Proposed FRAP 32.1.

7.    Congress/Courts Study Use of Unpublished Opinions  The Third Branch: Newsletter of the Federal Courts; July 2002

8.    On June 27, 2002, Judge Alito testified before the House Subcommittee on Courts, the Internet and Intellectual Property on the subject of unpublished judicial opinions.  Please see his prepared statement to the committee.