Bush nominates Samuel Alito to bench

Harriet Miers withdraws

Nov 2, 2005

WASHINGTON (BP)–President Bush nominated federal appeals court judge Samuel Alito to the Supreme Court Oct. 31, immediately pleasing social conservatives and eliciting vociferous opposition from abortion rights advocates and other liberals.

The president nominated Alito, 55, only four days after his most recent nominee, White House counsel Harriet Miers, withdrew from consideration prior to Senate hearings. In Alito, Bush chose someone who contrasts sharply with Miers in some significant ways: He has a lengthy record as a judge and what appears to be a clearly enunciated judicial philosophy.

While Miers had never served as a judge, Alito has been a member of the U.S. Third Circuit Court of Appeals, based in Philadelphia, since 1990. Prominently mentioned on the short lists for a Bush nomination, Alito has a reputation for judicial restraint and adherence to the text of the Constitution.

In announcing his nominee, the president described Alito as “one of the most accomplished and respected judges in America.” Alito “has more judicial experience than any Supreme Court nominee in more than 70 years,” Bush said. The president called him “scholarly, fair-minded and principled.”

Reaction to the nomination signaled the kind of battle that is expected before Senate action.

“The president has once again fulfilled his campaign promise to nominate to our nation’s federal judiciary strict constructionist, original intent jurists of the first rank,” said Richard Land, president of the Southern Baptist Ethics & Religious Liberty Commission, in a written statement. The president “has underscored his commitment to the promises he made in both the 2000 and 2004 presidential campaigns. Colleagues who have worked with Judge Alito describe him as ‘brilliant,’ ‘fair’ and ‘tough,’ three important qualities in a federal judge.”

James Dobson of Focus on the Family said Alito “has demonstrated that he understands the role of the judiciary is to interpret existing law in light of the Constitution, not make new law in service to a personal political agenda.”

Jan LaRue, chief counsel of Concerned Women for America, said in a written statement, “Judge Alito has always been one of our top choices for the Supreme Court.”

Jay Sekulow, chief counsel of the American Center for Law and Justice, said Alito is “an incredibly wise choice” who “will galvanize conservatives.” Sekulow said in a written release, “President Bush promised that he would nominate justices in the mold of Justices [Antonin] Scalia and [Clarence] Thomas. In choosing Judge Alito for the high court, President Bush has done just that.”

Many critics of the Alito nomination portrayed Bush as caving in to the “right wing” after numerous conservatives opposed Miers because of questions about her judicial philosophy.

“Apparently, [Bush] couldn’t find a woman or minority or a mainstream nominee that meets the litmus tests of the right wing, and instead put forth a nominee with a troubling record on the rights and freedoms important to America’s families,” Sen. Edward Kennedy, D.-Mass., said in a written statement.

Major abortion rights organizations – including NARAL Pro-Choice America, Planned Parenthood Federation of America and the National Organization for Women – quickly announced their opposition.

Critics of Alito’s nomination point to his votes in some abortion cases as part of the reason for their opposition.

One case involves Planned Parenthood v. Casey, a critical 1992 Supreme Court decision that upheld some state restrictions but reaffirmed Roe v. Wade, the 1973 opinion legalizing abortion throughout the country. If confirmed, Alito will replace Associate Justice Sandra Day O’Connor, who announced her retirement July 1. O’Connor agreed to stay on the court until her replacement is confirmed. She has been a swing vote during her 24 years on the court, often siding with liberals in abortion and church-state cases. Bush’s decision to replace O’Connor with an apparent conservative also drew the ire of liberals.

It is uncertain how soon hearings before the Judiciary Committee and a floor vote for Alito’s confirmation might occur in the Senate.

Like new Chief Justice John Roberts, Alito is a veteran of arguing cases before the high court. While working in the solicitor general’s office, he argued 12 times before the justices. Before Alito joined the Third Circuit, he served for 13 years in a U.S. attorney office and the Department of Justice. He was an assistant U.S. attorney in New Jersey from 1977-81; assistant to the U.S. solicitor general at the Department of Justice from 1981-85; deputy assistant attorney general from 1985-87, and U.S. attorney in New Jersey from 1987-90. After graduation from Yale Law School, he was a law clerk in 1976-77 on the Third Circuit Court, where he now serves.

Alito, who is Roman Catholic, and his wife, Martha, have been married 20 years, and they have two children.

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