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Study Guide: Samuel Alito: Biography, Judicial Philosophy, and Controversies

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Samuel Alito: Biography, Judicial Philosophy, and Controversies Study Guide

Formative Years and Academic Background

Samuel Alito is the first Italian American justice to serve on the U.S. Supreme Court.

Answer: False

Explanation: Samuel Alito is the second Italian American justice to serve on the U.S. Supreme Court, following Justice Antonin Scalia.

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Samuel Alito's father was a high school teacher and later became the first director of the New Jersey Office of Legislative Services.

Answer: True

Explanation: His father, Samuel A. Alito Sr., held both positions, serving as a high school teacher and the first director of the New Jersey Office of Legislative Services.

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Alito graduated as valedictorian from Steinert High School in 1968 and later earned his Bachelor of Arts *summa cum laude* from Princeton University.

Answer: True

Explanation: Samuel Alito achieved both academic distinctions, graduating as valedictorian from high school and *summa cum laude* from Princeton University.

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Samuel Alito's senior thesis at Princeton University focused on the history of American constitutional amendments.

Answer: False

Explanation: His senior thesis at Princeton University was titled 'An Introduction to the Italian Constitutional Court,' not American constitutional amendments.

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The 1971 Princeton student conference chaired by Alito recommended increased domestic intelligence gathering to enhance national security.

Answer: False

Explanation: The conference report supported curbs on domestic intelligence gathering and anticipated the need for a statute and a court to oversee national security surveillance, rather than advocating for increased gathering.

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Samuel Alito served on active duty in the United States Army Reserve for five years before being honorably discharged.

Answer: False

Explanation: Samuel Alito served on active duty from September to December 1975, a period of four months, before being honorably discharged from the Army Reserve in 1980.

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In his 1972 Princeton yearbook, Samuel Alito expressed an ambition to become a prominent legal scholar rather than a judge.

Answer: False

Explanation: In his 1972 Princeton yearbook, Samuel Alito indicated his aspiration to 'eventually warm a seat on the Supreme Court,' clearly expressing an ambition to become a judge.

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Samuel Alito earned his Juris Doctor degree from Harvard Law School, where he was an editor of the *Harvard Law Review*.

Answer: False

Explanation: Samuel Alito earned his Juris Doctor degree from Yale Law School, where he served as an editor of the *Yale Law Journal*.

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What is Samuel Alito's ethnic background, and who was the first justice of that background?

Answer: Italian American, following Antonin Scalia

Explanation: Samuel Alito is an Italian American, and the second justice of this background, following Justice Antonin Scalia.

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Where was Samuel Alito born and raised?

Answer: Trenton, New Jersey, and Hamilton Township, New Jersey

Explanation: Samuel Alito was born in Trenton, New Jersey, and grew up in Hamilton Township, New Jersey.

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What were the professions of Samuel Alito's parents?

Answer: His father was a high school teacher and director of the NJ Office of Legislative Services; his mother was a schoolteacher

Explanation: Samuel Alito's father was a high school teacher and the first director of the New Jersey Office of Legislative Services, while his mother was also a schoolteacher.

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What was the academic distinction Samuel Alito achieved upon graduating from Princeton University?

Answer: Summa cum laude

Explanation: Samuel Alito graduated from Princeton University with a Bachelor of Arts, *summa cum laude*.

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Which of the following was NOT a key recommendation of the 1971 Princeton student conference chaired by Alito?

Answer: Advocating for expanded government surveillance powers

Explanation: The 1971 Princeton student conference chaired by Alito supported curbs on domestic intelligence gathering, not expanded government surveillance powers.

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What was Samuel Alito's military rank when he was honorably discharged in 1980?

Answer: Captain

Explanation: Samuel Alito was promoted to Captain before being honorably discharged from the United States Army Reserve in 1980.

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What career aspiration did Samuel Alito express in his 1972 Princeton yearbook?

Answer: To eventually warm a seat on the Supreme Court

Explanation: In his 1972 Princeton yearbook, Samuel Alito explicitly stated his aspiration to 'eventually warm a seat on the Supreme Court.'

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Where did Samuel Alito obtain his law degree, and what was his role at the institution?

Answer: Yale Law School, editor of the *Yale Law Journal*

Explanation: Samuel Alito earned his Juris Doctor degree from Yale Law School, where he served as an editor of the *Yale Law Journal*.

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Judicial Philosophy and Circuit Court Jurisprudence

In *Thornburgh v. American College of Obstetricians & Gynecologists* (1986), Alito authored a memo directly attacking the constitutional right to an abortion.

Answer: False

Explanation: In *Thornburgh*, Alito authored a memo urging the Solicitor General to *avoid* directly attacking the constitutional right to an abortion, though this recommendation was ultimately rejected.

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In his 1985 application for Deputy Assistant Attorney General, Alito expressed concerns about decisions made by the Warren Court regarding criminal procedure and the Establishment Clause.

Answer: True

Explanation: In his 1985 application, Alito indeed voiced concerns about decisions made by the Warren Court in areas such as criminal procedure, the Establishment Clause, and reapportionment.

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In his dissent in *Planned Parenthood v. Casey* (1992), Alito argued against a spousal notification requirement for abortion.

Answer: False

Explanation: In his dissent in *Planned Parenthood v. Casey*, Alito argued that he would have upheld the spousal notification requirement for abortion, not argued against it.

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In *United States v. Rybar* (1996), Alito's dissenting opinion supported an expansive view of congressional power under the Commerce Clause.

Answer: False

Explanation: In *United States v. Rybar*, Alito's dissenting opinion argued that a federal law banning submachine guns exceeded the authority of Congress under the Commerce Clause, reflecting a restrictive view of congressional power.

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In *Saxe v. State College Area School District* (2001), Alito's majority opinion upheld a public school district's anti-harassment policy as constitutional.

Answer: False

Explanation: In *Saxe v. State College Area School District*, Alito's majority opinion held that the public school district's anti-harassment policy was unconstitutionally overbroad and violated First Amendment free speech guarantees.

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Alito describes his judicial philosophy as 'strict constructionist,' focusing solely on the literal text of the Constitution.

Answer: False

Explanation: Samuel Alito describes his judicial philosophy as 'practical originalist,' which involves interpreting the Constitution based on its original public meaning while also considering practical implications, rather than solely strict constructionism.

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In *Thornburgh v. American College of Obstetricians & Gynecologists* (1986), what did Alito's memo urge the Solicitor General to do regarding abortion rights?

Answer: Avoid directly attacking the constitutional right to an abortion

Explanation: In *Thornburgh*, Alito's memo urged the Solicitor General to avoid directly attacking the constitutional right to an abortion.

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Which of the following was NOT listed as a significant conservative influence by Alito in his 1985 application for Deputy Assistant Attorney General?

Answer: John F. Kennedy's presidential campaign

Explanation: In his 1985 application, Alito listed William F. Buckley, Jr., the *National Review*, Alexander Bickel, and Barry Goldwater's 1964 presidential campaign as significant conservative influences, not John F. Kennedy's campaign.

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In his dissent in *Planned Parenthood v. Casey* (1992), what abortion regulation did Alito argue he would have upheld?

Answer: Spousal notification requirement

Explanation: In his dissent in *Planned Parenthood v. Casey*, Alito argued that he would have upheld the spousal notification requirement for abortion.

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In *United States v. Rybar* (1996), Alito's dissenting opinion argued that a federal law banning submachine guns:

Answer: Exceeded the authority of Congress under the Commerce Clause.

Explanation: In *United States v. Rybar*, Alito's dissenting opinion argued that a federal law banning submachine guns exceeded the authority of Congress under the Commerce Clause.

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What was the outcome of *Saxe v. State College Area School District* (2001), where Alito wrote the majority opinion?

Answer: Ruled the anti-harassment policy unconstitutionally overbroad, violating free speech.

Explanation: In *Saxe v. State College Area School District*, Alito's majority opinion held that the public school district's anti-harassment policy was unconstitutionally overbroad and violated First Amendment guarantees of free speech.

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In *ACLU v. Schundler* (1999), Alito's majority opinion stated that a government-sponsored holiday display was permissible if it:

Answer: Was a mixed display including both secular and religious symbols, balanced within a generally secular context.

Explanation: In *ACLU v. Schundler*, Alito's majority opinion stated that a government-sponsored holiday display was permissible if it was a mixed display including both secular and religious symbols, balanced within a generally secular context.

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How does Samuel Alito describe his judicial philosophy?

Answer: Practical originalist

Explanation: Samuel Alito describes his judicial philosophy as 'practical originalist,' interpreting the Constitution based on its original public meaning while considering practical implications.

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Supreme Court Appointment and Initial Tenure

Samuel Alito was nominated to the Supreme Court by President Bill Clinton in late 2005.

Answer: False

Explanation: Samuel Alito was nominated to the Supreme Court by President George W. Bush in October 2005, not President Bill Clinton.

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Alito succeeded Justice Ruth Bader Ginsburg upon his appointment to the Supreme Court.

Answer: False

Explanation: Samuel Alito succeeded Associate Justice Sandra Day O'Connor upon her retirement, not Justice Ruth Bader Ginsburg.

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The American Bar Association rated Samuel Alito 'Not Qualified' at the time of his nomination to the Third Circuit Court of Appeals.

Answer: False

Explanation: At the time of his nomination to the Third Circuit Court of Appeals in 1990, the American Bar Association rated Samuel Alito 'Well Qualified'.

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The Senate confirmed Samuel Alito to the Supreme Court by a narrow margin of 58-42, following a failed filibuster attempt.

Answer: True

Explanation: The Senate confirmed Samuel Alito by a vote of 58-42 on January 31, 2006, after a filibuster attempt by Senator John Kerry failed.

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The American Civil Liberties Union (ACLU) supported Alito's Supreme Court nomination, citing his strong record on individual freedoms.

Answer: False

Explanation: The ACLU formally opposed Alito's nomination, a rare action for the organization, due to concerns that his record demonstrated a willingness to abridge individual freedoms.

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Samuel Alito's first written Supreme Court opinion, *Holmes v. South Carolina* (2006), was a unanimous decision.

Answer: True

Explanation: In line with Supreme Court tradition for new justices, Alito's first written opinion, *Holmes v. South Carolina*, was a unanimous decision.

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What is Samuel Alito's current judicial role and the year he assumed this position?

Answer: Associate Justice of the Supreme Court of the United States, 2006

Explanation: Samuel Alito has served as an Associate Justice of the Supreme Court of the United States since January 31, 2006.

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Who nominated Samuel Alito to the Supreme Court?

Answer: President George W. Bush

Explanation: Samuel Alito was nominated to the Supreme Court by President George W. Bush on October 31, 2005.

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Which Supreme Court Justice did Samuel Alito succeed upon his appointment?

Answer: Sandra Day O'Connor

Explanation: Justice Alito succeeded Associate Justice Sandra Day O'Connor, who retired from the Supreme Court on July 1, 2005.

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What was the American Bar Association's rating for Samuel Alito when he was nominated to the Third Circuit Court of Appeals in 1990?

Answer: Well Qualified

Explanation: The American Bar Association rated Samuel Alito 'Well Qualified' at the time of his nomination to the Third Circuit Court of Appeals in 1990.

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What was the final Senate vote for Samuel Alito's confirmation as an Associate Justice of the Supreme Court?

Answer: 58-42

Explanation: The Senate confirmed Samuel Alito to the Supreme Court by a vote of 58-42 on January 31, 2006.

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Why did the American Civil Liberties Union (ACLU) formally oppose Alito's Supreme Court nomination?

Answer: They were concerned his record demonstrated a willingness to abridge individual freedoms.

Explanation: The ACLU formally opposed Alito's nomination due to concerns that his record demonstrated a willingness to support government actions that could abridge individual freedoms.

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What was the nature of Samuel Alito's first written Supreme Court opinion, *Holmes v. South Carolina* (2006)?

Answer: A unanimous, uncontroversial opinion ordering a new trial for a criminal defendant.

Explanation: Samuel Alito's first written Supreme Court opinion, *Holmes v. South Carolina*, was a unanimous, uncontroversial decision ordering a new trial for a criminal defendant.

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Major Supreme Court Cases and Constitutional Interpretation

In *Gomez-Perez v. Potter* (2008), Alito sided with the conservative bloc, ruling against federal workers suing for age discrimination retaliation.

Answer: False

Explanation: In *Gomez-Perez v. Potter*, Alito delivered the majority opinion, siding with the liberal bloc of the Court, allowing federal workers to sue for damages related to age discrimination retaliation.

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Samuel Alito joined the majority opinion in *Obergefell v. Hodges* (2015), which established the right to same-sex marriage.

Answer: False

Explanation: In *Obergefell v. Hodges*, Samuel Alito joined Justice Clarence Thomas in a separate dissenting opinion, disagreeing with the majority's decision to legalize same-sex marriage.

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Alito's dissent in *Bostock v. Clayton County* (2020) argued that Title VII of the Civil Rights Act of 1964 should be interpreted to include protections for sexual orientation and gender identity.

Answer: False

Explanation: In his dissent in *Bostock v. Clayton County*, Alito argued that Title VII of the Civil Rights Act of 1964 does *not* prohibit discrimination based on sexual orientation or gender identity.

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Since Justice Amy Coney Barrett's appointment, Alito has been described as embodying a conservative majority that aims to overrule progressive precedents.

Answer: True

Explanation: Since Justice Amy Coney Barrett's appointment in 2020, Alito has been described as 'the embodiment of a conservative majority that is ambitious and extreme,' leading to the overruling of progressive precedents.

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In *Gonzales v. Carhart* (2007), Samuel Alito dissented from the majority's decision to uphold the Partial-Birth Abortion Ban Act.

Answer: False

Explanation: In *Gonzales v. Carhart*, Samuel Alito fully joined the five-justice majority opinion that upheld the Partial-Birth Abortion Ban Act, he did not dissent.

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The leaked draft opinion authored by Alito in May 2022 indicated the Court's intention to uphold *Roe v. Wade*.

Answer: False

Explanation: The leaked draft opinion authored by Alito in May 2022 indicated the Court's intention to overturn *Roe v. Wade*, not uphold it.

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In the final *Dobbs v. Jackson Women's Health Organization* ruling, Alito stated that *Roe v. Wade* was 'egregiously wrong from the start.'

Answer: True

Explanation: In the final *Dobbs* ruling, Samuel Alito explicitly wrote that '*Roe* was egregiously wrong from the start.'

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In *Gomez-Perez v. Potter* (2008), Alito's majority opinion allowed federal workers to sue for damages related to what issue?

Answer: Retaliation after filing age discrimination complaints

Explanation: In *Gomez-Perez v. Potter*, Alito's majority opinion allowed federal workers to sue for damages if they experienced retaliation after filing age discrimination complaints.

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What was Samuel Alito's position in the landmark case *Obergefell v. Hodges* (2015)?

Answer: He joined Justice Clarence Thomas in a separate dissenting opinion.

Explanation: In *Obergefell v. Hodges*, Samuel Alito joined Justice Clarence Thomas in a separate dissenting opinion, disagreeing with the majority's decision.

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What was the core argument of Alito's dissent in *Bostock v. Clayton County* (2020)?

Answer: Title VII of the Civil Rights Act of 1964 does not prohibit discrimination based on sexual orientation or gender identity.

Explanation: In his dissent in *Bostock v. Clayton County*, Alito argued that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination based on sexual orientation or gender identity.

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How has Samuel Alito's role on the Supreme Court been described since Justice Amy Coney Barrett's appointment in 2020?

Answer: As the embodiment of a conservative majority that is ambitious and extreme.

Explanation: Since Justice Amy Coney Barrett's appointment in 2020, Samuel Alito has been described as 'the embodiment of a conservative majority that is ambitious and extreme,' aiming to overrule progressive precedents.

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What was the Supreme Court's ruling in *Gonzales v. Carhart* (2007) regarding the Partial-Birth Abortion Ban Act?

Answer: The Court ruled the Act constitutional.

Explanation: In *Gonzales v. Carhart*, the Supreme Court ruled the Partial-Birth Abortion Ban Act constitutional, with Justice Alito joining the majority.

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What did the leaked draft opinion authored by Alito in May 2022 indicate about *Roe v. Wade*?

Answer: It would be overturned, eliminating the constitutional right to abortion.

Explanation: The leaked draft opinion authored by Alito in May 2022 indicated the Court's intention to overturn *Roe v. Wade*, thereby eliminating the constitutional right to abortion.

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What was Samuel Alito's key statement in the final *Dobbs v. Jackson Women's Health Organization* ruling regarding *Roe v. Wade*?

Answer: '*Roe* was egregiously wrong from the start.'

Explanation: In the final *Dobbs* ruling, Samuel Alito explicitly stated that '*Roe* was egregiously wrong from the start.'

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Ethical Scrutiny and Public Discourse

In November 2020, Alito praised the government's handling of the COVID-19 pandemic, stating it effectively balanced public health with individual liberties.

Answer: False

Explanation: In November 2020, Alito criticized the 'loss of individual liberties' due to prolonged restrictions during the COVID-19 pandemic, rather than praising the government's handling.

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Samuel Alito publicly apologized to foreign leaders for the *Dobbs* decision in a keynote address in Rome.

Answer: False

Explanation: In a keynote address in Rome, Samuel Alito publicly mocked several foreign leaders for their criticisms of the *Dobbs* decision, rather than apologizing.

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*ProPublica*'s investigation in June 2023 alleged that Justice Alito failed to disclose gifts, including private jet travel, from a billionaire businessman.

Answer: True

Explanation: *ProPublica*'s investigation alleged that Justice Alito failed to disclose gifts, such as private jet travel, from billionaire businessman Paul Singer.

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Alito defended himself against *ProPublica*'s allegations by stating he was unaware of the reporting rules for judicial gifts.

Answer: False

Explanation: Alito defended himself by publishing an op-ed stating he was not required to disclose private air transport for social trips due to a 'personal hospitality' exemption, not by claiming unawareness of reporting rules.

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In a July 2023 *Wall Street Journal* opinion column, Alito asserted that Congress has no constitutional authority to regulate the Supreme Court.

Answer: True

Explanation: In a July 2023 *Wall Street Journal* opinion column, Samuel Alito stated, 'Congress did not create the Supreme Court [...] No provision in the Constitution gives them the authority to regulate the Supreme Court—period.'

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The upside-down American flag displayed at Alito's residence in January 2021 was a symbol of national unity.

Answer: False

Explanation: The upside-down American flag displayed at Alito's residence in January 2021 was a signal of distress adopted by supporters of the 'Stop the Steal' movement, not a symbol of national unity.

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The Pine Tree Flag flown at Alito's beach house has been adopted by Christian nationalists and was seen during the January 6 Capitol attack.

Answer: True

Explanation: The Pine Tree Flag, flown at Alito's beach house, has indeed been adopted by Christian nationalists and was observed during the January 6 Capitol attack.

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Martha-Ann Alito stated in a secret recording that she flew the Pine Tree Flag to express her support for the media.

Answer: False

Explanation: In a secret recording, Martha-Ann Alito stated her desire for a 'Sacred Heart of Jesus' flag in response to a Pride flag and expressed intentions to 'get' the media, not support for it.

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Samuel Alito claimed personal responsibility for hoisting both controversial flags at his residences.

Answer: False

Explanation: Samuel Alito stated he had no involvement in hoisting either flag and clarified that his wife, Martha-Ann, was responsible for flying them.

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Senior U.S. District Judge Michael Ponsor was praised for publicly criticizing Justice Alito's flag-flying, as it upheld judicial ethics.

Answer: False

Explanation: Senior U.S. District Judge Michael Ponsor later apologized for his public criticism of Alito's flag-flying after it was found to have hurt public confidence in the courts.

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What did Samuel Alito criticize in November 2020 regarding the COVID-19 pandemic?

Answer: The 'loss of individual liberties' due to prolonged restrictions.

Explanation: In November 2020, Samuel Alito criticized the 'loss of individual liberties' resulting from the severe and prolonged restrictions imposed during the COVID-19 pandemic.

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How did Samuel Alito respond to criticisms from foreign leaders regarding the *Dobbs* decision in July 2022?

Answer: He publicly mocked several foreign leaders for their criticisms.

Explanation: In a July 2022 keynote address, Samuel Alito publicly mocked several foreign leaders for their criticisms of the *Dobbs* decision.

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What did *ProPublica* allege in June 2023 regarding Justice Alito's financial disclosures?

Answer: He took a luxury fishing trip with a billionaire and failed to disclose private jet travel as a gift.

Explanation: *ProPublica* alleged that Justice Alito took a luxury fishing trip with a billionaire businessman and failed to disclose private jet travel as a gift.

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How did Samuel Alito defend himself against the *ProPublica* allegations of undisclosed gifts?

Answer: He published an op-ed stating he was not required to disclose private air transport for social trips due to a 'personal hospitality' exemption.

Explanation: Alito defended himself by publishing an op-ed in *The Wall Street Journal*, claiming he was not required to disclose private air transport for social trips due to a 'personal hospitality' exemption.

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What controversial statement did Alito make in a July 2023 *Wall Street Journal* opinion column regarding Congress's authority over the Supreme Court?

Answer: Congress did not create the Supreme Court, and no provision gives them authority to regulate it.

Explanation: In a July 2023 *Wall Street Journal* opinion column, Alito stated, 'Congress did not create the Supreme Court [...] No provision in the Constitution gives them the authority to regulate the Supreme Court—period.'

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What was the significance of the upside-down American flag flown outside Alito's residence in January 2021?

Answer: It was a signal of distress used by supporters of the 'Stop the Steal' movement.

Explanation: The upside-down American flag flown outside Alito's residence in January 2021 was a signal of distress adopted by supporters of the 'Stop the Steal' movement.

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What other flag, besides the upside-down American flag, caused controversy at one of Alito's properties?

Answer: The Pine Tree Flag

Explanation: The Pine Tree Flag, flown at Alito's beach house, also caused controversy due to its adoption by Christian nationalists and appearance during the January 6 Capitol attack.

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According to Samuel Alito, who was responsible for flying the controversial flags at his residences?

Answer: His wife, Martha-Ann, in response to a neighborhood dispute.

Explanation: Samuel Alito stated that his wife, Martha-Ann, was responsible for flying the controversial flags in response to a dispute with a neighbor.

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What was the consequence for a U.S. District Judge who publicly criticized Justice Alito's flag-flying?

Answer: He later apologized after his remarks were found to have hurt public confidence in the courts.

Explanation: Senior U.S. District Judge Michael Ponsor later apologized for his public criticism of Justice Alito's flag-flying after his remarks were found to have hurt public confidence in the courts.

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Personal Details and Professional Engagements

Samuel Alito is a known fan of the New York Yankees, and their mascot attended his Supreme Court welcome dinner.

Answer: False

Explanation: Samuel Alito is a fan of the Philadelphia Phillies, and their mascot, the Phillie Phanatic, attended his Supreme Court welcome dinner.

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Who is Samuel Alito married to, and what is known about their family?

Answer: He is married to Martha-Ann Bomgardner and they have two children.

Explanation: Samuel Alito is married to Martha-Ann Bomgardner, and they have two children.

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What is Samuel Alito's favorite sports team, and who was a special guest at his Supreme Court welcome dinner?

Answer: Philadelphia Phillies, with the Phillie Phanatic.

Explanation: Samuel Alito is a fan of the Philadelphia Phillies, and their mascot, the Phillie Phanatic, was a special guest at his Supreme Court welcome dinner.

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What teaching positions has Samuel Alito held during his legal career?

Answer: Adjunct professor at Seton Hall University School of Law and visiting professor at Duke University School of Law.

Explanation: Samuel Alito served as an adjunct professor at Seton Hall University School of Law and a visiting professor at Duke University School of Law.

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