US Supreme Court nominee Alito vows to administer equal justice
(Reuters)
Updated: 2006-01-10 09:33

U.S. Supreme Court nominee Samuel Alito, facing tough questions about abortion, civil rights and the Bush administration's domestic spying program, testified on Monday that if confirmed he would administer justice equally to all Americans.

"There is nothing that is more important for our republic than the rule of law," Alito told the opening day of a U.S. Senate confirmation hearing on his nomination by President George W. Bush to the nation's highest court.

Republicans hailed Alito as a top-notch federal appeals judge for the past 15 years who earlier served as a prosecutor and Reagan administration attorney.

U.S. Supreme Court nominee Samuel Alito listens to remarks at his Senate confirmation hearing on Capitol Hill in Washington, January 9, 2006. [Reuters]

But Democrats saw his nomination as highlighting their concerns about abuse of prisoners in Iraq and the administration's recently disclosed domestic spying program. Democrats also voiced concerns about what they see as Alito's support of excessively broad presidential powers.

"In an era when the White House is abusing power, has authorized torture, and is spying on American citizens, I find Judge Alito's support for an all-powerful executive branch and almost unlimited power for government agents to be deeply troubling," said Massachusetts Democrat Sen. Edward Kennedy.

Bush has nominated Alito, 55, to replace retiring Justice Sandra Day O'Connor, a moderate conservative who has often been the swing vote on the nine-member court on such issues as civil and abortion rights.

Confirmation of the more conservative Alito could push the high court to the right for decades to come.

"No person in this country, no matter how high or powerful, is above the law, and no person in this country is beneath the law," testified Alito following opening statements by the committee's 10 Republicans and eight Democrats.

U.S. Supreme Court nominee Samuel Alito (L) and his wife Martha attend his Senate confirmation hearing on Capitol Hill in Washington January 9, 2006. [Reuters]

Alito, who personally opposed abortion while a Reagan administration lawyer two decades ago, said: "A judge can't have any agenda, a judge can't have any preferred outcome in any particular case and a judge certainly doesn't have a client.

"The judge's only obligation, and it's a solemn obligation, is to the rule of law," Alito testified under oath.

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Alito also said, "good judges are always open to the possibility of changing their minds based on the next brief that they read, or the next argument that's made by an attorney ... or a comment that is made by a colleague ...."

Republicans noted that while Alito has expressed opposition to abortion, he has said he respects legal precedent, which includes the 1973 Supreme Court ruling that legalized abortion.

Democrats, however, warned that Alito's record showed he has ruled overwhelmingly against individual rights and in favor of government and large corporations.

In a statement disputed by Republicans, Sen. Kennedy said, "Judge Alito has not written one single opinion on the merits in favor of a person of color alleging race discrimination on the job."

The hearing was adjourned for the day after Alito's opening statement. The proceeding was to resume on Tuesday for at least two days of questioning of the nominee.

While Alito is expected to be confirmed by the Republican-led Senate later this month, his fate will be determined by his performance before the committee where opponents hope a stumble or controversy can galvanize a move to block the nomination.

Liberal advocacy groups concede it will be an uphill battle to stop Alito, noting Bush's fellow Republicans hold 55 of the Senate's 100 seats. But they are pressing Senate Democrats to make the case that Alito represents a threat to basic rights.

Behind the scenes was the threat of a Democratic filibuster, which Democratic Sen. Charles Schumer of New York said could become more likely if Alito ducked questions about where he stands on abortion.

But Sen. Lindsey Graham, a South Carolina Republican and one of 14 bipartisan lawmakers who would broker any such procedural effort to block the nomination, predicted Alito would be confirmed, telling him: "I think you're going to be just fine."