By By Brian Bohl
President Bush selected Appeals Court Judge Samuel Alito to the Supreme Court to replace retiring justice Sandra Day O’Connor less than one week after heavy cross-party criticism forced with the withdrawal of White House Council Harriet Miers.
Alito brings 15 years of experience as a judge, a stark contrast to Miers, who has only served as an attorney and bar president. The Princeton and Yale graduate served on the United States Court of Appeals for the Third Circuit, giving him high level judicial experience that is comparable to many other memebers on the current court.
“Alito had a proven track record of some fifteen years on the appellate bench,” said Dr. Mark Landis, chairman of the University’s political science department. “Miers, having never served on the bench, had no record of written opinions. Many conservatives felt that they could not be sure of where she stood on the issues they considered most important.”
While Miers had a minimal track record to defend, Alito has issued over 700 rulings in his career. This has raised the question of whether a wealth of opinions is a benefit or a hindrance to receiving a conformation from the Senate Judicial Committee.
“Having a record can be a detriment, but so can not having a record. It really boils down to whether those opposed to Alito can find a smoking gun,” said Landis. “At first glance, it doesn’t appear that, given a Senate with 55 Republicans, there is going to be something so major that it derails the nomination. Of course, the hearings aren’t until January, so it is possible that something could turn up in that time.”
Some public advocates have expressed disappointment that a female candidate was not selected to replace O’Connor. If Alito is confirmed, Ruth Bader Ginsburg will be the only female justice on new Roberts’ Court.
“This is a step back,” said Marcia Greenberger of the National Women’s Law Center. “Instead of seeing more diversity (on the court) at a time of increasing diversity in the country … we’re seeing less.”
With Bush’s approval ratings at record lows, this nomination has been a positive step in regaining support in this own party. Additional, while some Democrats have talked about using a filibuster to block the nomination of Alito, there have been voices of support on the left.
“He (Alito) assured me that he wants to go to the bench without a political agenda, that he is not bringing a hammer and chisel to hammer away and chisel away on existing law,” said Democratic senator Ben Nelson said outside his Senate office after a 38-minute meeting with Alito. Nelson added, “He said he didn’t want to be a judicial activist.”
Republican senator Mike DeWine echoed the positive words of many of his fellow colleagues on the right, saying these words of encouragement about the nomination.
“”It’s hard for me to envision that anyone would think about filibustering this nominee,” he said.
In addition to gender questions, Alito’s selection also has religious implications. If confirmed, the nation’s highest court would see its first ever Roman Catholic majority.
“I’d call it something of a coincidence,” said Landis. “It does suggest the extent to which Republican presidents are trying to solidify gains made among Catholics during the past half-century. Every Catholic on the Court is a Republican nominee.”