In Judge Samuel Alito, President Bush has nominated a jurist whose resume speaks in volume to his preparation for a lifetime appointment to the U.S. Supreme Court. His judicial philosophy will be put to the test in the Senate – and senators will find quite a lot to test.
Unlike Harriet Miers, who withdrew her nomination last week, Alito has a classic background for the high court, having served 14 years on the U.S. Court of Appeals for the 3rd Circuit, based in Philadelphia. Introducing Alito, Bush emphasized that he has “more prior judicial experience than any Supreme Court nominee in more than 70 years.”
Before his appointment to the bench, Alito served as U.S. Attorney for New Jersey. Before that, he worked in the Justice Department. Add it all up and the Senate will quickly forget Miers’ paucity of related experience.
Yet within mere minutes of Alito’s nomination, both liberal and conservative activists were in a crouch, shooting from the hip, instigating the war of words over a man we just met. Special-interest groups need to stand down – not from their due diligence or their advocacy – but from the hysteria.
As we said in the weeks leading up to Chief Justice John Roberts’ nomination hearings, there’s a role here for everyone, but it doesn’t involve mindless rhetoric or unsubstantiated attacks.
Experienced as he is, Alito will and should receive full scrutiny from the Senate, which must assess his suitability.
Bush’s selection of the Alito seems a straightforward effort to make peace with restive conservatives who topedoed the Miers nomination. Some senators were miffed that the nomination came without courtesy discussions with the senators who must confirm him.
Alito’s track record on abortion rights and church-state issues cheered many conservative leaders. Broadcaster Pat Robertson called Bush’s nominee a “grand slam home run.”
If that reaction was predictable, so to was first word from the liberal side and tThere were veiled threats of a filibuster from Democrats who have scoured Alito’s writings.
A 1991 case, Planned Parenthood vs. Casey, in which Alito joined a 3rd Circuit panel in upholding most of a Pennsylvania law imposing numerous restrictions on women seeking abortions, is drawing the most attention. Alito dissented from the panel’s ruling that struck down a provision in the law that required women to notify their husbands before an abortion.
His views on abortion are extremely important since he’s been tabbed to replace Sandra Day O’Connor, a centrist who over the years has upheld a woman’s fundamental right to an abortion.
Unlike Chief Justice Roberts, who served on the appellate bench for only two years before his nomination, Alito has 14 years’ worth of rulings to parse, and there will be plenty of fodder for friend and foe alike. By late Monday morning, the liberal People for the American Way had launched its opposition, saying a right-wing ideologue was an ill-advised replacement for O’Connor, a swing vote on the court. On the other side of the special-interest divide, Progress for America announced a one-week, half-a-million-dollar advertising blitz on behalf Alito.
While we were disappointed that Bush missed a chance to diversify the court and unite the country behind a jurist in the O’Connor mold, we expect the Senate to give Alito full and fair consideration. His confirmation hearings are sure to provide much food for thought.
