Republicans and Democrats agree about little in Washington these days, but they concur on this: The confirmation hearings for Supreme Court nominee Judge Samuel Alito, which open Monday, will be unlike those for Chief Justice John Roberts Jr.
For one, the nominee is different. Roberts was smooth and youthful-looking, with fidgety children and just two years on the federal bench. By contrast, Alito has displayed the physical awkwardness of an absent-minded professor and–more significant–has 15 years’ worth of weighty rulings as a federal judge for critics to pick apart.
Second, the political climate in Washington has shifted considerably in the three months since Roberts was confirmed as chief justice.
These days, many Republicans are preoccupied with containing the damage from ongoing controversies. These include whether President Bush was justified in authorizing domestic spying by the National Security Agency, a dispute that strikes at a core function of the Supreme Court–presiding over the system of checks and balances between the executive and legislative branches.
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Democrats, meanwhile, are looking for ways to capitalize on this and other issues, and the Alito hearings offer a venue with a television audience.
“Our goal will be to highlight the difference between the parties on . . . key constitutional issues,” said Jim Manley, a spokesman and strategist for Senate Minority Leader Harry Reid (D-Nev.).
In nearly every way, Alito is expected to be a more controversial nominee than Roberts. For instance, he wrote in a 1985 job application with the Justice Department that he was “particularly proud” of his efforts to promote the view “that the Constitution does not protect a right to an abortion”–a red flag statement for core Democratic voters.
Moreover, heightened Democratic opposition is expected because he would replace Justice Sandra Day O’Connor, one of the court’s critical swing votes on issues such as abortion rights.
“[There’s] perceived to be more at stake in terms of the balance of power on the court on certain key issues,” said Sen. John Cornyn (R-Texas), a Judiciary Committee member and Alito supporter.
Some Democrats are mulling over whether to try to thwart Alito’s confirmation through a filibuster, a tactic in which 39 senators in the 100-member chamber can block a vote by refusing to end debate.
That view was bolstered by comments on the Sunday talk shows by Democrats on the Judiciary Committee.
Asked on “Fox News Sunday” whether she would join a filibuster of Alito, Sen. Dianne Feinstein of California responded: “If I believed he was going to go in there and overthrow Roe, the question is most likely yes.” Roe vs. Wade was the court’s landmark decision that gave women a constitutional right to an abortion.
Sens. Charles Schumer of New York, on NBC’s “Meet the Press,” and Edward Kennedy of Massachusetts, on ABC’s “This Week,” also said they had not ruled out a filibuster.
On the eve of confirmation hearings, conservatives held “Justice Sunday III” in Philadelphia.
Sen. Rick Santorum of Pennsylvania, the No. 3 Senate Republican, told the gathering that liberal judges are “destroying traditional morality, creating a new moral code and prohibiting any dissent.”
Across the street, about 150 protesters held signs and chanted. Organizers maintain that sponsors of “Justice Sunday” have an agenda that threatens civil rights.
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The Alito hearings
MONDAY (all times CST)
11 a.m.
Senate Judiciary Committee Chairman Arlen Specter opens hearings.
11:15 a.m.
Committee members give 10-minute opening statements.
3 p.m.
Judge Samuel Alito sworn in and gives opening statement.
TUESDAY
8:30 a.m.
First round of questioning, with each member given 30 minutes.
WEDNESDAY
8:30 a.m.
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Second round of questioning, with each member given 20 minutes.
THURSDAY
8:30 a.m.
Additional questioning by the committee or the beginning of witness testimony.
– The committee may go into closed session at the conclusion of questioning.
– Time may be added to the hearings as needed.
TV AND RADIO COVERAGE
C-SPAN will carry live coverage of the hearings and a replay at 7 p.m. Cable news networks are expected to show parts of the proceedings at their discretion.
WBEZ-FM 91.5 plans gavelto-gavel coverage.
Sources: Senate Judiciary Committee, Sen. Patrick Leahy’s office
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