The media does not fairly cover the conservative Supreme Court justices. But it is not enough to criticize their written opinions. Rather, pundits feel compelled to opine on how the Justices feel. Case in point is a recent headline from Joan Biskupic, titled "Samuel Alito keeps getting his way. So why does he seem so unhappy?" Does Biskupic have any evidence that Alito is unhappy? Did she talk to the Justice or his clerks? No, Biskupic apparently no longer has access to that sort of actual information. Instead, she based her conclusions on the Justice's facial expression on the bench. These are actual passages from a CNN article:
Alito's aggravation is regularly on display in the courtroom, too. . . .
In the courtroom, even the little things can visibly irk Alito. He often grimaces and rolls his eyes. . . .
Other justices laughed. They appear accustomed to his unguarded irritability.
Of course, these sorts of claims usually go uncontested. There is zero upside to the Justice defending himself, especially from an unfavorable media.
