Sparks to fly as Supreme Court nominee Alito faces senators

News in pictures
News in pictures
On Facebook
From the blogs

CC kills more people than cervical cancer; why haven’t we heard about it?

There is a disease whose incidence is rising in the UK and most of the industrialised world. However...

We need to avoid another ‘lost generation’

A tiny green shoot one day, and then a chill wind the next. Anyone hoping for signs of economic spr...

More than half of Afghanistan’s families live in extreme poverty

Leila is watching her baby intently, as his mouth moves trying to swallow the small blob of yellow p...

Time for a new approach to alcohol

Ambulances were called and three drunk teenagers were brought to my care. One was so drunk we had to...

The Senate Judiciary Committee has begun a week of scrutiny of Judge Samuel Alito, President Bush's Supreme Court nominee, whose confirmation could shift the country's highest court decisively to the right.

The hearings began decorously as each member of the Republican-dominated panel made a statement, and the 55-year-old nominee delivered his introductory response. But from today, when detailed questioning begins, the sparks will almost certainly fly.

The hearings are likely to focus on two issues: the perennial argument over abortion rights, and the new debate over the extent of presidential powers. Judge Alito, a Catholic, has come under fire from liberals for his apparent hostility to abortion and his alleged deference to executive authority.

Appointments to the Supreme Court, of lifelong tenure, have always been of huge political significance. But in the bitterly polarised climate of today this one is particularly so.

The general view is that Judge Alito will be confirmed, albeit by a much narrower margin than the 78-22 vote which endorsed John Roberts last September as Chief Justice, to replace William Rehnquist.

Unlike Mr Bush's previous nominee, the largely unqualified White House counsel Harriet Miers, his competence is not in question, after 15 years on the federal appeals bench. Only last week the American Bar Association gave him its highest grading, pronouncing him "well qualified" to sit on America's highest court.

But there could be fireworks - and the stakes are much higher. Roberts-for-Rehnquist substituted one conservative for another, and did not change the balance on the court. Judge Alito would replace Sandra Day O'Connor, often the swing vote among the nine justices, and a reliable defender of abortion rights.

His confirmation would almost certainly shift the Court rightward. Democrats and pro-choice groups have been worried by a 1985 letter in which Judge Alito - then a 35-year-old official at President Reagan's Justice Department - came out against affirmative action and insisted that the right to an abortion was not protected by the constitution.

Pro-abortion advocates thus fear that, if confirmed, Judge Alito would vote to overturn the benchmark 1973 Roe v Wade ruling that stipulates precisely that.

The second point of contention is bound to be his long history of opinions that, critics say, support strong executive powers at the expense of Congress, the judiciary and the individual.

The topic has become controversial under the "imperial" Bush presidency - especially after the disclosure that the White House used the NSA surveillance agency to conduct wiretapping against US citizens in the US, without warrants.

"Even a state of war is not a blank cheque for the President to do as he wants," the committee's liberal standard-bearer Edward Kennedy told the nominee. He accused him of ruling invariably in favour of government and big corporations, against ordinary citizens.

Senator Kennedy also took him to task over an alleged conflict of interest, when he ruled in 2003 in favour of the Vanguard mutual fund group in which he had money invested.

Judge Alito has dismissed such talk. But he is bound to be questioned on the issue - and his temperament could become a factor. Testy answers could harden Democrats against him, and provoke a filibuster when the nomination goes for final vote in the full Senate.

But with 55 votes, the Republicans are only five short of the 60 required to override an attempted filibuster. The 44 Senate Democrats would have to remain united, while Republicans again threaten to use the "nuclear option" of a rules change to allow a majority to prevail. Democrats could retaliate by bringing the chamber's business to an effective halt.

Independent Comment
blog comments powered by Disqus
Career Services

Day In a Page

How an abortion divided America

How an abortion divided America

Single mother who took a pill to end her pregnancy is now fighting a landmark prosecution in a conservative state
Can you master a language in a weekend?

Can you master a language in a weekend?

Ed Cooke insists he can use his techniques as a memory expert to help novices learn even the hardest tongues.
The 10 best heaters

The 10 best heaters

From the DeLonghi Retro Fan Heater to the Dimplex MicroFire
Coming soon to a shelf near you: The publishing industry has gone mad for film-style trailers

Coming soon to a shelf near you

The publishing industry has gone mad for film-style trailers
Mad, bad and delightful to know: How Lord Byron became a cultural superstar

How Lord Byron became a cultural superstar

As the poet takes centre stage in the West End, Boyd Tonkin looks into the life of the outspoken champion of the poor
Did they all live happily ever after? That's up to you...

Did they all live happily ever after? That's up to you...

New digital novel will overturn centuries of literary tradition by allowing readers to choose how they would like story to end
How to look good for less – Primark in copycat row

How to look good for less – Primark in copycat row

With London Fashion Week starting tomorrow, designers are closeted in studios putting finishing touches to their collections
James Lawton: Arsène and Arsenal are living in the past

James Lawton

Arsène and Arsenal are living in the past
How Docherty's resurgent Reds beat Dutch greats

How Docherty's resurgent Reds beat Dutch greats

United have met Ajax only once before in Europe, in 1976. The key performers recall an electric occasion
Civil war at Ajax

Civil war at Ajax

A rift between two club legends has torn the Dutch giants apart
Lewis Moody: For an idea of where England are headed, look at Wales now

Lewis Moody column

For an idea of where England are headed, look at Wales now
Geoff Toovey: Little gem with huge incentive to become king of the world

Geoff Toovey interview

Little gem with huge incentive to become king of the world
Picture preview: Portrait of London

Portrait of London

Picture preview
No secularism please, we're British

No secularism please, we're British

Arguments about the role of religion in national life have recently acquired a new urgency
Harold Tillman: 'Chinese tourists can save the high street – if we let them'

Harold Tillman interview

'Chinese tourists can save the high street – if we let them'