In a spirited defense published on Fox News, Louisiana Solicitor General Ben Aguiñaga, a former clerk for Justice Samuel Alito, attempts to dismantle the negative media portrayal of the Supreme Court Justice. This portrayal characterizes Alito as a discontented figure, particularly in light of recent articles by Joan Biskupic at CNN and earlier commentary by Dahlia Lithwick and Mark Joseph Stern at Slate. According to these sources, Alito appears perpetually unhappy, despite his judicial victories.

Aguiñaga's rebuttal, however, opts for a more personal reflection on Alito’s character rather than a direct engagement with the criticisms. He praises Alito for his compassionate treatment of his clerks, including not requiring weekend work, and his habit of eating Campbell’s soup, painting a picture of a down-to-earth and considerate mentor.

Furthermore, Aguiñaga highlights an instance where despite a delayed memo, Alito responded not with reprimand but with encouragement. He shared a memory of Alito’s kindness, recalling a time when the Justice wrote him a thoughtful thank you note after a challenging case, showcasing a side of Alito that Aguiñaga believes is often overshadowed by his public persona.

Critics, however, might argue that Aguiñaga’s commendations skirt around the more substantial issues regarding Alito’s public and judicial demeanor. Reporters who regularly cover the Supreme Court have noted Alito's increasingly terse manner in both oral arguments and written opinions. Moreover, there are broader implications of Aguiñaga’s public praise, given his current position as Solicitor General of Louisiana with active cases before the Supreme Court, raising questions about the appropriateness of his public defense.

The discussion around Justice Alito encapsulates a broader debate about the role and perceptions of justices in an increasingly divisive political landscape. Observers like Mark Joseph Stern suggest that conservative justices like Alito feel unfairly targeted by public and media scrutiny, especially now that they hold a majority on the Court and are able to advance long-held conservative legal positions.

As this debate unfolds, it serves as a reminder of the complex interplay between personal conduct, public perception, and judicial responsibility in the highest court of the United States. Whether Aguiñaga’s personal anecdotes of Alito’s kindness can sway public opinion or not remains to be seen.