A number of Democratic senators announced Thursday that they would not be supporting Samuel Alito’s confirmation for Supreme Court associate justice, citing his failure to reaffirm the importance of privacy rights and keeping executive power in check.
“Based on his record, I’m concerned that Judge Alito will not be willing to stand up to a president who is determined to seize too much power over our lives,” Sen. Dick Durbin said.
This development comes after the Senate Judiciary Committee’s planned voting on Alito’s confirmation had been officially moved from this Friday to Jan. 24, repositioned, appropriately enough, to follow this Sunday’s anniversary of the Roe v. Wade court decision.
The confirmation is slated to be the focus of Senate debate the following day.
Issuing a written statement, Senate Majority Leader Bill Frist said he still expects a “fair up-or-down vote,” which, with 10 Republicans on the 18-member committee, will favor Alito. Most Senate Republicans share his confidence, following Alito’s successful performance in last week’s confirmation hearings.
The voting delay came Tuesday, ostensibly under the cover that Democrats need more time to review Alito’s credentials following the three-day weekend. Coloring such motives is pressure from interest groups for more time to rally opposition against the nomination, along with the possibility of a filibuster.
Throughout the hearings the option was mentioned, in which case the nomination vote would be further prevented, but currently most senators no longer recognize it as viable.
On Tuesday, Sen. Dianne Feinstein said, “This might be a man I disagree with, but it doesn’t mean he shouldn’t be on the court.”
Dr. Cal Jillson, professor of political science, said, “I do not think the Democrats will filibuster.”
Alito, a federal appeals court judge, was nominated by Bush following Harriet Miers’ withdrawal of her nomination. Bush stressed Alito’s legal background over his conservative leanings when announcing his nomination.
“He understands judges are to interpret the laws, not to impose their preferences or priorities on the people,” Bush said. The American Bar Association unanimously rated Alito “well-qualified.”
In his confirmation hearings, Alito received a less enthusiastic reception. Edward Kennedy inquired about Alito’s involvement as a student in the Concerned Alumni of Princeton, a group that opposed affirmative action policies; Alito stated that he could not recall being in the organization.
Durbin asked Alito how he would respond to future cases that involved the Roe v. Wade decision and the judge said that “it is an issue that is involved in litigation now at all levels.”
On further issues, such as immigration, separation of the church and state and the First Amendment, Alito continually fell back on stressing law over political ideology.
For many Democratic senators, this fails to change the fact that Alito would be a conservative occupying a position formerly held by a moderate.
“The key concern Democrats have about Alito is his willingness to limit a woman’s right to choose,” Jillson said.
As an associate justice since 1981, Sandra Day O’Connor often provided the crucial swing-vote on cases for the nine-member Supreme Court. Many fear that Alito will shift the balance in a conservative direction and further increase Republican influence in Washington.
Now that Alito’s confirmation appears more definite, Democrats are increasingly focused on this delay as means of denying the Republicans a sense of glory before the president’s State of the Union address.
According to Jim Manley, the address “is the 800-pound gorilla lurking over the debate.” Whether the pro-choice movement gains sufficient movement is still uncertain. “This is an ‘every day of the year’ concern – I do not think that the anniversary of Roe will have much additional effect,” Jillson said.
Somewhere in the midst of this struggle on Capital Hill is Samuel Alito, who has been busying himself this week with work at the Court of Appeals, press interviews and time with his family. Whether next week he will be readying himself to don the robes of associate justice, and what that will mean for the country, remains to be seen.
– Associated Press contributed to this report
