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Senators feel the pressure over Court nominee

WASHINGTON -- As he faced the Senate Judiciary Committee Monday, Judge Samuel Alito began his Supreme Court confirmation hearings with a bit of a deficit.

He's not as naturally charming as Chief Justice John Roberts Jr., who was confirmed in September. And he didn't quite wow senators during his round of private meetings the way Roberts did. Roberts, of course, picked up 22 Democratic votes for his confirmation, a fact that infuriated liberal interest groups and could work to Alito's disadvantage.

Now the message from those activists to Democrats, said Rutgers political scientist Ross Baker, is: "You owe us.''

"The feeling was that they didn't stand up to the administration,'' said Baker. "So as a consequence, I think that many Democrats will say, `We have to stand fast in the ranks against Alito,' even though it appears that the mathematics of the situation is against them.''

To be sure, Alito was greeted with warm words of support and lavish praise from the Republican side of the aisle and is likely to be confirmed.

Sen. Lindsey Graham (R-S.C.), for example, assured Alito that the Senate would confirm him.

"It's possible you could talk me out of voting for you, but I doubt it,'' said Graham.

Indeed, the only real question about Alito's confirmation is how many skeptical Democrats he can attract to his nomination.

"The vote total in opposition is going up rather than down,'' warned one senior Democratic leadership aide, as he compared Alito to Roberts.

The New Jersey native arrives before the Senate at an unfortunate time. Lawmakers are particularly distressed about President Bush's exercise of executive power regarding torture of prisoners at military facilities, eavesdropping on American citizens and other matters of national security. While many Republicans share those concerns, it is the Democrats who are questioning whether Alito would stand up to the executive branch as a member of the high court.

"Your record raises troubling questions about whether you appreciate the checks and balances in our Constitution -- the careful efforts of our Founding Fathers to protect us from a government or a president determined to seize too much power over our lives," said Sen. Dick Durbin (D-Ill).

Said Sen. Edward Kennedy (D-Mass.), "In an era when the White House is abusing power, is excusing and authorizing torture and is spying on American citizens, I find Judge Alito's support for an all-powerful executive branch to be genuinely troubling.''

During a half-day of opening statements, every one of the eight Democrats expressed some sort of concern about Alito's record or judicial philosophy.

Sen. Dianne Feinstein (D-Calif.), for example, said she worried about Alito's impact on women's rights and the right to an abortion. Sen. Patrick Leahy (D-Vt.) expressed concern about Alito's commitment to the principle of "one person, one vote.'' And Sen. Charles Schumer (D-N.Y.) complained about Alito's "cramped views of Congressional power.''

"Before we give you the keys to the car, we would like to know where you plan to take us,'' explained Sen. Herb Kohl (D-Wis.), a pro-business Democrat who voted for Roberts.

Over and over again, committee Democrats repeated the same mantra about Alito taking Justice Sandra Day O'Connor's pivotal spot on the Court.

"You well could be a very key and decisive vote,'' said Feinstein.

But if Alito's timing is unfortunate when it comes to issues concerning the legislative versus the executive branches, he may be helped by the midterm elections. Democrats running for reelection in so-called red states may be somewhat more inclined to vote for Alito to satisfy their conservative voters at home.

Those red-state senators -- from Montana, West Virginia, South Dakota, Louisiana, Arkansas and other Republican-voting states -- all gave Roberts the nod and may well feel pressure to do so for Alito.

As he gaveled the Senate Judiciary Committee to open its nomination hearings, Chairman Arlen Specter (R-Pa.) declared: "There is a heavy sense of drama as these hearings begin.''

But that may be overstating the situation.

"What people are going to be betting on is the point spread,'' said Baker, and not the final result.

jbzuckman@tribune.com

Story Source - Chicago Tribune

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