Pictured
An anti-Alito rally held at Thompson Center Plaza in Chicago.
Photo by Andrew Davis
An intense week of hearings on the nomination of Samuel A. Alito Jr. to the U.S. Supreme Court revealed little that was new and did nothing to change the perception that he will be confirmed to that position.
This came despite strenuous efforts by liberal groups to paint Alito as a conservative extremist who would roll back women's access to abortion and discriminate against anyone who wasn't a white male.
The charges simply did not comport with the American Bar Association's highest rating of 'well qualified,' the testimony of friends and colleagues of various political philosophies, and the behavior of the nominee himself who came across as a dry, judicious, and non-threatening individual.
Democratic Senators attempted to draw Alito out on legal issues such as separation of powers and surveillance but the nominee took the traditional stance of not discussing the substance of issues that are likely to come before the Court. They then turned to the more personal.
As the Washington Post noted in a January 13 editorial, 'Democratic senators often seemed more interested in attacking the nominee—sometimes scurrilously—than in probing what sort of justice he would be.'
Sen. Joseph Biden, D-Dela., did little for the reputation of the Senate when he used virtually all of his allotted half hour to talk, and talk, and talk about himself, asking only five questions and cutting off Alito's attempts to respond.
Republican Senators did little better, using their time to lob softball questions to the nominee.
So it was no surprise that the general public paid little attention to the hearings. Polling found support for Alito's confirmation running 53% for, 27% against, with 20% expressing no opinion. Even self-identified Democrats were evenly divided, at 40%, 39%, and 21% respectively.
The gay organizations that have opposed Alito's confirmation were restrained in their complaints.
'Throughout the hearings, Judge Alito has done nothing to clear the air on where he stands when it comes to issues important to gay, lesbian, bisexual, and transgender Americans,' said the Human Rights Campaign's Jay Smith Brown in an e-mail distributing a partial transcript of the hearings.
That critique could be made of virtually every area of law that is likely to come before the court.
National Gay and Lesbian Task Force policy director Eleanor Acheson even noted 'some testimony positive to LGBT interests.' When questioned about antigay statements ascribed to the group Concerned Alumni of Princeton, 'Judge Alito registered immediate, palpable and sincere horror and disgust with the nature of what was said.'
However, those personal views and Alito's limited discussion of the Defense of Marriage Act ( DOMA ) and employment discrimination 'do not go far enough. The Task Force remains firm in its opposition to the confirmation of Judge Alito.'
'That so much time was spent on such distractions as the infamous Princeton alumni group in which Alito was marginally involved is indicative of the failure of the Democrats on the Senate Judiciary committee to gain traction with any of their more legitimate concerns about the judge,' noted the Los Angeles Times in a Jan. 15 editorial.
The Judiciary Committee vote, tentatively scheduled for Jan. 17 [ after Windy City Times went to press ] , may be delayed for up to a week at the request of the Democratic members who wish to consult with their colleagues who are out of town and not scheduled to return until Jan. 18. The nomination is likely to be approved in committee on a 10 to 8 party line vote.
A filibuster on the floor of the Senate does not seem to be a viable option. Several members of the 'Gang of 14' centrist Senators, drawn equally from both parties, have indicated that this is not a special circumstance that would justify a filibuster on a judicial nomination.
Most observers predict that Alito will be confirmed by the end of the month. The vote is likely to be largely along party lines, with a handful of Democrats joining what is likely to be all Republicans in approving him.
