By Robert Schmidt and James Rowley
Jan. 12 (Bloomberg) -- Party lines in the U.S. Senate hardened over the Supreme Court nomination of Samuel A. Alito Jr. as Democrats accused him of evasiveness and contradictory testimony on presidential power, abortion and his membership in a Princeton University alumni group.
Senate Judiciary Committee Republicans, decrying the Democratic charges as ``scurrilous,'' praised Alito as highly qualified and more forthcoming than previous nominees. Democrats accused Alito of stonewalling and demanded his return for more time at the witness table today.
``If it takes an extra day or an extra week for a lifetime appointment, to get to the bottom of all of the answers, we will,'' said Democratic Senator Charles Schumer of New York. ``Judge Alito has not answered a whole lot of questions. He has responded, but he hasn't answered.''
After three days of hearings, senators on the Republican- controlled committee are predicting a 10-8 party-line vote on the nomination. Alito, 55, was named by President George W. Bush to replace retiring Justice Sandra Day O'Connor, who has cast pivotal votes on cases involving abortion, executive authority and other controversial matters.
Because Republicans hold 55 seats in the 100-member Senate, Alito's confirmation is almost assured. He may also pick up a handful of votes from Democratic senators whose states voted for Bush in the last election. Lawmakers on both sides predicted that Alito would get nowhere near the 78 senators, including 22 Democrats, who supported Chief Justice John Roberts when he was confirmed in September.
Fewer Votes
``I'm afraid to say that you are probably going to get'' fewer votes, Republican Senator Lindsey Graham of South Carolina told Alito.
While Graham was questioning Alito late yesterday, the nominee's wife, Martha, left the hearing room in tears.
``Her emotions just caught up with her after 2 1/2 days of hearing her husband's record mischaracterized,'' said former Indiana Senator Dan Coats, who is assisting the Bush administration on the nomination.
The partisan sniping intensified throughout the day, with senators pressing Alito to explain his membership in Concerned Alumni of Princeton, a group that questioned the admission of women and what it called unqualified minority students to the Ivy League university.
The wrangling may also delay Alito's confirmation. Senate Judiciary Committee Chairman Arlen Specter, a Pennsylvania Republican, has said he wants the full Senate to vote by Jan. 20. Democrats say they may force a one-week delay.
Attack by Democrats
Led by Schumer and Massachusetts Senator Edward Kennedy, Democrats turned up the attack on Alito, focusing on abortion, civil rights and judicial ethics as well as the Princeton alumni group.
Alito remained unruffled as he spent about eight hours at the witness table yesterday. He patiently defended his 15-year record on the Philadelphia-based 3rd U.S. Circuit Court of Appeals and refused to be specific about his views on abortion or presidential power. Both matters are likely to come before the Supreme Court, he said.
Senator Dianne Feinstein, a California Democrat, praised Alito for his ``equanimity,'' saying he ``retired the trophy'' for calmness under fire.
Alito also restated that he couldn't recall anything about the Princeton alumni group, even though he touted his membership in a 1985 Justice Department job application with the Reagan administration.
1972 Graduate
``I would never be a member of an organization'' that favored discrimination against women and minorities, said Alito, who graduated from Princeton in 1972.
Partisan bickering erupted when Kennedy demanded that the panel subpoena documents related to Alito's membership in the alumni group. Specter, who has prided himself on conducting ``fair and dignified'' hearings, initially bristled. He refused to rule on Kennedy's request and banged down his gavel to silence his colleague.
``I'm the chairman of this committee, and I have heard your request and will consider it,'' Specter said, his voice rising in anger.
Later in the day, cordial relations were restored after the committee got access to the documents, and Specter signaled there was little or nothing in them about Alito's ties to the alumni group.
Utah Republican Senator Orrin Hatch told reporters outside the hearing room that Democrats are ``hitting below the belt.'' Republican Jon Kyl of Arizona accused Democrats of resorting to ``scurrilous'' tactics.
Questions on Abortion
On abortion, Senator Richard Durbin, an Illinois Democrat, pressed Alito to explain why he wouldn't say whether he still believed, as he wrote in a 1985 memo, that the Constitution doesn't protect a woman's right to an abortion.
``I am concerned that many people will leave this hearing with a question of whether you could be the deciding vote to eliminate the legality of abortion,'' Durbin told Alito. The Supreme Court established abortion as a constitutional right in its 1973 ruling in Roe v. Wade.
Alito also was asked about a speech in 2000 in which he said the theory of the ``unitary executive'' was the best way to analyze presidential power. He dismissed suggestions by Vermont Senator Patrick Leahy, a Democrat, that advocacy of the theory meant he believed independent agencies such as the Federal Election Commission were unconstitutional.
``I don't think I've ever challenged the constitutionality of independent agencies,'' Alito said. Still, he refused to say whether the president could order the commission to drop an investigation of a political contributor.
To contact the reporters on this story: James Rowley in Washington at jarowley@bloomberg.net; Robert Schmidt in Washington at rschmidt5@bloomberg.net.
Last Updated: January 12, 2006 00:02 EST
HOME
