PUBLICATIONS BY Robert Alt
Commentary
Research
Media Appearances
2009 Commentary
August 28, 2009
Dust-Up: Torture and the CIA: Investigate White House higher-ups?
By David Kaye and Robert Alt
First, David, I need to address your claim from Wednesday, "Nothing in any of the reports released over the last several years ... demonstrates that unlawful interrogation techniques (such as waterboarding, the use of which Dick Cheney calls a 'no-brainer') have made us safe." Your debatable conclusion about the unlawfulness of the techniques aside, this statement is plainly false. Reports issued to date repeatedly note the success of the interrogation techniques at procuring intelligence that prevented attacks.
August 28, 2009
Obama should be 'decider' on CIA interrogators probe
By Robert Alt
When questioned about the possibility of prosecuting Bush administration officials, President Obama has repeatedly claimed that he wants to look forward, not backward. Yet his spokesman said Monday's decision by Attorney General Eric H. Holder Jr. to reopen the investigation of CIA interrogators was made solely by the attorney general.
August 27, 2009
Dust-Up: Will investigating possible abuses by agency interrogators damage their ability to do their jobs?
By Robert Alt and David Kaye
As we begin, it's worth noting that we're not discussing whether to investigate or prosecute allegations of abuse by interrogators. That has already happened. What we're discussing is whether the re-investigation and possible prosecution of abuse allegations -- which the Department of Justice has already investigated and expressly declined to prosecute -- will have a chilling effect on CIA agents.
July 13, 2009
Sotomayor's Full Court Press
By Robert Alt
Tomorrow, the Senate begins confirmation hearings for Sonia Sotomayor's nomination to the Supreme Court. Lawmakers have a duty to ask tough questions and to seek real answers before confirming her to the highest court in the land
June 01, 2009
Senators must contest Sotomayer's view that empathy, ethnicity can overrule law
By Robert Alt
In choosing a Supreme Court justice, President Obama--like any president--should look for someone who will apply the Constitution and the laws as written, and interpret them consistent with their plain and original meaning.
May 28, 2009
Sotomayor's and Obama's Identity Politics Leave Blind Justice at Risk: Can Sotomayor keep her biases in check? For the Constitution's sake, we'd better find out
By Robert Alt
My late constitutional law professor once offered the following hypothetical about a fishing dispute that made its way to court. On one side were Native Americans; on the other, environmentalists. After a pregnant pause, he mused: "What's a liberal to do?"
May 04, 2009
Why Souter Matters
By Robert Alt
Following Justice David Souter's retirement announcement, pundits of all stripes came to a common conclusion: it just doesn't matter. Given Souter's reputation for voting with the liberal block on the Court, many believe that the vacancy created by his retirement produced a zero-sum game - one in which one liberal voice on the court would be replaced with another liberal voice.
2008 Commentary
October 29, 2008
Obama's Ideas for a Radical Court
By Robert Alt
In a 2001 radio interview that's just come to light, Barack Obama discussed the Supreme Court's role in redistributing wealth. Call it Obama's "Joe the Plumber meets Justice Brennan" moment.
June 24, 2008
A Court Divided: Presidential Election Likely to Tip the Balance
By Robert Alt
All eyes will be on the Supreme Court this week, as it closes its term by handing down some of the most anticipated decisions of the year.
May 24, 2008
California's Self-Defeating Same-Sex Marriage Decision
By Robert Alt
Last week’s decision by the California Supreme Court, discovering a right to same-sex marriage in the state constitution, was greeted with glee by homosexual-rights advocates across the state and across the country. But such jubilation is misplaced, because the decision will likely result in a significant and lasting defeat for same-sex marriage advocates, both in California and beyond. By removing the issue from the political branches and constitutionalizing the policy question, the court’s decision makes compromise less likely and leaves a state constitutional amendment as the only possible response — one in which same-sex marriage advocates are not likely to prevail.
February 26, 2008
Green Light on Terrorism
By Andrew M. Grossman and Robert Alt
Ordinarily, we wouldn't alert international terrorists that the United States is easing its efforts to detect and dismantle their plots. But since Congress has already, in effect, given the terrorists the green light to plot without fear of discovery, calling attention to the House's gross irresponsibility in allowing crucial intelligence-gathering laws to expire probably won't cause further harm.
January 17, 2008
Stoneridge Sanity
By Robert Alt and Brian Walsh
In a refreshing act of judicial restraint, the Supreme Court yesterday resolved one of the most important business cases of this term. In a 5-3 decision (Justice Breyer recused himself, presumably because of his stock holdings), the Court in Stoneridge Investment Partners v. Scientific-Atlanta ignored the pressure brought by the trial lawyers to engage in judicial legislation. The Court ignored the call to create by judicial fiat a new “implied” right for shareholders to sue any third party that does business with an allegedly corrupt corporation whose stock the investors own.
2009 Research
August 14, 2009
A CIA Special Prosecutor: A Wolf in Wolf's Clothing
By Todd Gaziano and Robert Alt
(WebMemo #2588)
Even assuming a criminal investigation of CIA interrogators is warranted, Attorney General Holder most definitely should not appoint a special prosecutor.
July 10, 2009
Key Questions for Sonia Sotomayor
By Deborah O'Malley and Robert Alt
(WebMemo #2534)
Given concerns about her judicial philosophy, fairness on the bench, and fidelity to the Constitution, Senators should ask Judge Sotomayor the following 10 questions.
January 14, 2009
Key Questions for Eric Holder, Nominee for United States Attorney General
By Robert Alt
(WebMemo #2220)
The United States Senate will soon render its advice and consent on the nomination of Eric Holder as the new United States Attorney General. In at least five areas, Mr. Holder has demonstrated highly questionable judgment. The following questions should allow him to explain those actions and positions.
2008 Research
September 26, 2008
The Housing Bailout: Constitutional Infirmities Remain, but a Ray of Hope
By Andrew M. Grossman, Robert Alt, Todd Gaziano
(WebMemo #2086)
Congress can put together a plan that does not violate our fundamental law. Those who, for reasons of economic policy, favor the leadership/White House proposal must correct its legal flaws if they seek, in good faith, to uphold their duty to the Constitution and the people. To do otherwise would be to set bad precedent that may stain constitutional practice for generations to come.
January 31, 2008
Congress Must Stop Playing Politics with FISA and National Security
By James Jay Carafano, Ph.D., Robert Alt, and Andrew M. Grossman
(WebMemo #1791)
Congress's 15-day extension of the Protect America Act puts intelligence-gatherers in an impossible situation.
January 25, 2008
The Intelligence Community Needs Clear - and Permanent - FISA Reform
By Robert Alt, Todd Gaziano, and Brian W. Walsh
(WebMemo #1782)
Congress should take the steps necessary to avoid hobbling America’s wartime intelligence-gathering abilities.
November 20, 2009
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