Judge Samuel Alito Jr., whose entire history suggests that he holds extreme views about the expansive powers of the presidency and the limited role of Congress, will almost certainly be a Supreme Court justice soon. His elevation will come courtesy of a president whose grandiose vision of his own powers threatens to undermine the nation's basic philosophy of government — and a Senate that seems eager to cooperate by rolling over and playing dead.
It is hard to imagine a moment when it would be more appropriate for senators to fight for a principle. Even a losing battle would draw the public's attention to the import of this nomination.
At the Judiciary Committee hearings, the judge followed the well-worn path to confirmation, which has the nominee offer up only the most boring statements and unarguable truisms: the president is not above the law; diversity in college student bodies is a good thing. But in what he has said in the past, and what he refused to say in the hearings, Judge Alito raised warning flags that, in the current political context, cannot simply be shrugged away with a promise to fight again another day.
The Alito nomination has been discussed largely in the context of his opposition to abortion rights, and if the hearings provided any serious insight into the nominee's intentions at all, it was that he has never changed his early convictions on that point. The judge — who long maintained that Roe v. Wade should be overturned — ignored all the efforts by the Judiciary Committee's chairman, Arlen Specter, to get him to provide some cover for pro-choice senators who wanted to support the nomination. As it stands, it is indefensible for Mr. Specter or any other senator who has promised constituents to protect a woman's right to an abortion to turn around and hand Judge Alito a potent vote to undermine or even end it.
More at:
http://www.nytimes.com/2006/01/26/opinion/26thur1.html?_r=1
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