I am a registered Democrat who supports progressive causes. (To my wife's consternation, I still can't bring myself to take my "Kerry for President" bumper sticker off of my car.) I clerked for Judge Alito from 1997 to 1998. Notwithstanding my close work with Judge Alito, until I read his 1985 Reagan job application statement, I could not tell you what his politics were. When we worked on cases, we reached the same result about 95 percent of the time. When we disagreed, it was largely due to the fact that he is a lot smarter than I am (indeed, than most people) and is far more experienced.

It was my experience that Judge Alito was (and is) capable of setting aside any personal biases he may have when he judges. He is the consummate professional.

One example that I witnessed of Judge Alito's ability to approach cases with an open mind occurred in the area of criminal law, an area in which Judge Alito - a former federal prosecutor - had particular expertise. One time, I was looking at a set of legal briefs in a criminal appeal. The attorney for the criminal defendant had submitted a sloppy brief, a very slip-shod affair. The prosecuting attorney had submitted a neat, presentable brief. I suggested (in my youth and naivete) that this would be an easy case to decide for the government.

Judge Alito stopped me cold by saying that that was an unfair attitude to have before I had even read the briefs carefully and conducted the necessary additional research needed to ensure that the defendant received a fair hearing before the court.

Perhaps not what one would expect from a conservative ideologue (and former federal prosecutor), but it is indicative of the way Judge Alito approaches each case with an open mind, and it is a lesson I've never forgotten.

Another example, which reached a result that would seem contrary to a conservative ideologue, was a case I worked on with Judge Alito (U.S. v. Kithcart) in which Judge Alito reversed a conviction of a black male, holding that an all-points-bulletin for "two black men in a black sports car" was insufficient probable cause to arrest the driver of the car. Notwithstanding the driver's guilty plea, Judge Alito reversed, finding that the initial arrest lacked probable cause, stating, "The mere fact that Kithcart is black and the perpetrators had been described as two black males is plainly insufficient."

This is hardly the work of a conservative ideologue.

As a former clerk to Judge Alito, I can attest to Judge Alito's deep and abiding respect for precedent and the important role of stare decisis - the doctrine that settled cases should not be continually revisited. Judge Alito has served on the U.S. Court of Appeals for the 3rd Circuit for 15 years, and has compiled a distinguished record that conclusively demonstrates respect for precedent.

The best indicator of how a justice may act on the Supreme Court is the judicial record the justice had before elevation to the court. In Judge Alito's case, one can clearly see a restrained approach to the law, deferring to a prior court decision even if he may have disagreed with its logic.

While a bald statement that "the Constitution does not protect a right to an abortion" in a vacuum might be cause for concern, Judge Alito's statement must be taken in context. Sen. Diane Feinstein, D-Calif., said after her meeting with Judge Alito that he explained that regardless of his statement on the job application, "I'm now a judge, I've been on the Circuit Court for 15 years and it's very different. I'm not an advocate, I don't give heed to my personal views, what I do is interpret the law." Sen. Ted Kennedy, D-Mass., also noted that Judge Alito said "he had indicated that he is an older person, that he has learned more, that he thinks he is wiser person (and) that he's got a better grasp and understanding about constitutional rights and liberties."

Given Judge Alito's respect for precedent and stare decisis as demonstrated by actually adhering to precedent for 15 years while on the Court of Appeals - even in cases that reached results that would seem incorrect to a conservative - and the open mind with which I saw him approach cases, labeling Judge Alito an "ideologue" would be unfair and distorts his record on the bench.

Jeffrey N. Wasserstein is a former law clerk for Supreme Court nominee Samuel Alito (1997-98). Readers may write to him at jnw@hpm.com.