WASHINGTON, DC – Stinging from neo con criticism earned during a failed attempt to see attorney Harriet Miers, who never served as a judge of any sort, nominated to the U.S. Supreme Court, President Bush Monday proposed long-time conservative judge Samuel Alito for the position. Many see the move as an attempt to appease concerns and disappointments expressed by conservative Republicans who worked hard to see Bush into office for two terms and want to see a solid conservative with credentials replace the unpredictable Sandra Day O’Connor.Democrats were prompt to criticize Alito’s nomination based on fears that he might work to restrict abortion rights and, as Senate Minority Leader Harry Reid of Nevada expressed it, be “too radical for the American people.”
“Of course he’s against abortion,” Roman Catholic Alito’s 90-year-old mother assured the American public. The judge’s history on the bench shows a strong preference to steer the abortion issue away from the current standard to include such elements as parental notification.
Bush, however, emphasized Alito’s 15 years of court work, describing the man as having “served with distinction” and possessing a “distinguished record” that includes “measured judicial temperament [and] tremendous personal integrity,” in addition to “more judicial experience than any Supreme Court nominee in more than 70 years.”
Republicans that had previously sought to deny Miers’ nomination reacted with satisfaction to Alito’s nomination, urging, as Sen. John Thune of South Dakota put it, “a fair up or down vote, not left or right.”
Political pundits are nonetheless expecting a vigorous battle over the court seat, with CBSNews.com legal analyst Andrew Cohen foreseeing “a knock-down, drag-out fight.”
Judge Alito’s views on abortion are likely to draw considerable attention from the social left, particularly given his paper trail of rulings attempting to restrict the right. Senate Judiciary Committee Chairman Arlen Specter, a pro-choice Republican, has stated that the issue “will be among one of the first items Judge Alito and I will discuss.”
Alito, who has won 10 of 12 cases he has argued before the Supreme Court, has been compared favorably to a lighter version of current Justice Antonin Scalia. Unlike the seated justice, “Scalito” or “Scalia-lite,” as the new nominee is called by some attorneys due to his conservative judicial ideology, is known also for being polite, reserved, and even-tempered on the bench. His credentials and temperament will make him a far more difficult target for Democrats to attack than was provided by Miers, although a filibuster normally could be employed. However, seven moderate Democrats have signed onto an agreement not to employ such a strategy except under “extraordinary circumstances.” Ironically, Alito was praised by Democrats when confirmed for a Philadelphia appeals court position 15 years ago after a nomination by Bush’s father.
“The Supreme Court is an institution I have long held in reverence,” assured Alito. “During my 29 years as a public servant, I’ve had an opportunity to view the Supreme Court from a variety of perspectives.”
Conservative activists and media personalities have leapt upon the nomination as an opportunity to emphasize the nation’s ideological divide, with Pat Robertson declaring Alito’s nomination “a grand-slam home run,” and Gary Bauer – who had opposed Miers’ nomination – stating that, “Now with Judge Alito, the battle is where it belongs; it’s a battle against the president’s avowed political enemies.”
President Bush has asked that Alito be confirmed before the New Year, but Senate leaders indicate that a final decision may way until next year.
