Samuel A. Alito Jr.'s chances of being confirmed as a Supreme Court justice could turn on whether the public comes away from next week's confirmation hearings believing he is a conservative judicial activist or merely a conservative judge.
A conservative judge is a careful reader of legal precedents who is inherently cautious about advancing new interpretations. A conservative judicial activist seeks to change the court's past interpretations to suit his agenda.
If there's one point of agreement to emerge from the two months of political vetting since Alito's nomination, it's that most of his supporters and most of his detractors believe that conservative judges are worthy of confirmation, but conservative activists (or any activists) are not.
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Most of the disputes about Alito turn on his motives -- essentially, whether he seeks to impose a political agenda on the courts.
Alito's motives ought to be discernible by a panel of tough questioners fortified with a quarter-century of legal writings. Much will depend on how seriously the senators take their roles as questioners.
http://www.boston.com/news/nation/articles/2006/01/03/the_central_question_on_alito_is_he_activist/