Editorial
Judging Samuel Alito
Published: January 8, 2006
Judicial nominations are not always motivated by ideology, but the nomination of Judge Samuel Alito certainly was. President Bush's previous choice to fill Justice Sandra Day O'Connor's seat on the Supreme Court, Harriet Miers, was hounded into withdrawing by the far right, primarily because she appeared to hold moderate views on a variety of legal issues. President Bush placated Ms. Miers's conservative critics by nominating Judge Alito, who has long been one of their favorites.
Judge Alito's confirmation hearings begin tomorrow. He may be able to use them to reassure the Senate that he will be respectful of rights that Americans cherish, but he has a lengthy and often troubling record he will have to explain away. As a government lawyer, he worked to overturn Roe v. Wade. He has disturbing beliefs on presidential power - a critical issue for the country right now. He has worked to sharply curtail Congress's power to pass laws and protect Americans. He may not even believe in "one person one vote."
The White House has tried to create an air of inevitability around Judge Alito's confirmation. But the public is skeptical. In a new Harris poll, just 34 percent of those surveyed said they thought he should be confirmed, while 31 percent said he should not, and 34 percent were unsure.
Nearly 70 percent said they would oppose Judge Alito's nomination if they thought he would vote to make abortion illegal - which it appears he might well do.If President Bush had chosen a pragmatic, mainstream conservative like Justice O'Connor to fill the seat, these confirmation hearings would be a breeze. But now, the Senate has a duty to delve into the many areas in which Judge Alito's record suggests he is an extremist, including:<snip> More at link...
http://www.nytimes.com/2006/01/08/opinion/08sun1.html?hp