Samuel Alito coasted toward probable confirmation as the 110th Supreme Court justice Thursday, with the only question after 18 hours of grueling Senate interrogation being how many Democrats would support him.
Alito said nothing to undermine his solid support by the Senate’s majority Republicans during three days of aggressive questioning by Democrats who challenged his creditability, judicial philosophy and independence.
“I am my own person, with whatever abilities I have and whatever limitations I have,” Alito declared as he wrapped up his final public appearance before senators begin voting on his nomination to replace retiring Justice Sandra Day O’Connor.
Democrats contend the former Reagan administration lawyer is likely to swing the court to the right in replacing the centrist O’Connor, who has provided decisive votes on such important issues as abortion, capital punishment and affirmative action.
Judiciary Committee senators will meet on Tuesday to begin debating the 55-year-old federal judge’s nomination. Chairman Arlen Specter, R-Pa., wants a committee vote that day, though Democrats could delay it for a week.
Delay is not likely to change Alito’s support among the Senate’s 55 Republicans. GOP senators, both on and off the committee, praised Alito as his testimony ended.
“I enthusiastically endorse and support Judge Alito’s nomination,” Chuck Hagel of Nebraska said Thursday. Sen. Jeff Sessions, R-Ala., noted to the judge that his high school friends “predicted you would serve on the Supreme Court one day, and I think that’s going to turn out to be a good prediction.”
The president called Alito from Air Force One to congratulate him for doing a great job in the hearings, White House spokesman Scott McClellan told reporters. The president, who was traveling to Florida after visiting the hurricane-stricken Gulf Coast, reiterated his appreciation for Alito.
McClellan said the president told Alito that he was proud of the way the nominee handled the hearings.
Alito "showed great class," the president also said in a conversation that McClellan said was brief.
There was positive comment from the Democratic side as well. Sen. Ben Nelson of Nebraska said, “So far I have seen nothing during my interview with the nominee, the background materials that have been produced or through the committee process that I would consider a disqualifying issue against Judge Alito.”
Alito offered words of respect for O’Connor, the woman he would replace. “She has been known for her meticulous devotion to the facts of the particular cases that come before her and her belief that each case needs to be decided on its complex facts,” Alito said.
Filibuster faces uphill battle
Democrats argue that Alito, in 15 years as an appellate judge, has built a conservative record that foretells his Supreme Court stance. But they face an uphill battle in finding enough votes to filibuster his nomination — the only way they can stop him.
It takes 41 votes to sustain a filibuster, and there are 44 Democrats and one Democratic-leaning independent.
“We can only afford to lose five senators favoring Judge Alito before a filibuster is impossible,” said Dick Durbin of Illinois, the Senate’s No. 2 Democrat. “It’s a very tight margin, and I’m not going to presume one way or the other whether my colleagues are even interested in it.”
Several committee Democrats made it clear they were not inclined to vote for Alito, including Edward Kennedy of Massachusetts and Charles Schumer of New York.
After four days of hearings, there are “even more questions about Judge Alito’s commitment to the fairness and equality for all,” Kennedy said.
Abortion stance, alumni group cloud picture
The Democrats repeatedly attacked Alito’s decisions as a judge on the 3rd U.S. Circuit Court of Appeals and his writings while a lawyer for the Reagan administration — including a 1985 statement saying the Constitution did not protect the right to an abortion — and they highlighted his membership in an organization that discouraged the admission of women and minorities at Princeton University.
“The evidence before us makes it hard for us to vote yes,” said Schumer, head of the Democratic Senatorial Campaign Committee.
One of the Democrats who voted for John Roberts’ confirmation as chief justice did not sound positive about Alito. “He has not been clear that he would serve to protect all Americans’ rights,” said Sen. Patrick Leahy of Vermont, the ranking Judiciary Democrat.
Democrats peppered Alito about right-to-die cases, presidential authority, affirmative action and ethics on Day 4 of the hearings — and elicited no more personal observations on such issues than they had in previous sessions.
Alito brushed aside Schumer’s attempt to get his opinion of a proposal to deny citizenship to U.S.-born children of illegal immigrants.
“I need to apply the same standard that previous nominees have applied, and that’s no hints and no previews. I can’t opine on them here off the cuff,” Alito said.
Sparring over right to die
He did tell the panel that Americans have a right to designate family members or friends to carry out their right-to-die wishes, an issue pushed to the forefront last year by the case of a brain-damaged Florida woman.
Leahy cited the case of Terri Schiavo, the Florida woman who was at the center of a fierce fight between her husband and family over her fate. Leahy asked: If a person has a living will, could he designate someone to decide whether to use extraordinary measures to keep him alive?
“Yes, that’s, I think, an extension of the traditional right that I was talking about that existed under common law, and it’s been developed by state legislatures, and in some instances, state courts to deal with the living will situation and advances ... in medical technology, which create new issues in this area,” Alito said.