Democrats Say Alito's Answers Inconsistent
Associated Press
By JESSE J. HOLLAND
Wednesday, January 11, 2006 Democrats Say Alito's Answers Inconsistent
WASHINGTON - Democrats on the Senate Judiciary Committee said Wednesday they were troubled by what they see as inconsistencies in Supreme Court nominee Samuel Alito's answers on issues ranging from voting rights to ethics to his membership in a conservative organization. On the third day of confirmation hearings, Sen. Patrick Leahy (news, bio, voting record) of Vermont said Democrats would press President Bush's choice to replace retiring Justice Sandra Day O'Connor on several statements he made in his earlier testimony. "A number of us have been troubled by what see as inconsistencies in some of the answers," Leahy told Alito. Republicans hold the majority in the Senate — 55-44 with one independent — and Alito, a federal appeals judge, is expected to win confirmation to the high court unless some GOP lawmakers oppose his nomination. The Senate is expected to vote on the nominee later this month. Democratic Sen. Richard Durbin (news, bio, voting record) of Illinois cited Alito's testimony Tuesday in which he said he would have an open mind if faced with the question of abortion on the Supreme Court. The senator said the nominee's writings and testimony suggested otherwise, with "a mind that sadly is closed in some instances." Chief Justice John Roberts has described Roe v. Wade, the 1973 landmark ruling that legalized abortion, as settled law. Alito said the ruling "is an important precedent of the Supreme Court," but he declined Durbin's prodding to use the term "settled law." Leahy listed several concerns, among them Alito's comments on the principle of one-man, one-vote and his inability to recall details about his membership — which he listed on a Reagan administration job application — in a conservative organization that opposed the admission of women and minorities at Princeton University, Alito's alma mater. Democrats also voiced concern about Alito's answers concerning whether he told the 3rd U.S. Circuit Court of Appeals that he should not be hearing cases involving investment company Vanguard. He holds six-figure investments with Vanguard. Alito promised the Judiciary Committee at his 1990 confirmation hearing as an appellate judge that he would remove himself from cases that present a conflict of interest. He said his participation in a 2002 Vanguard case was an oversight, although he also said he didn't do anything wrong. The American Bar Association and his supporters have accepted that explanation. Alito would replace O'Connor, the swing vote on issues such as abortion, affirmative action and the death penalty during her 25 years on the court. Questioning Alito about his opinions and dissents in 15 years as an appellate judge, Durbin characterized the 55-year-old conservative's record as partial to government and authority. "As I read through your cases, you end up ruling in favor of established institutions and against individuals," the Democrat said. Republican Sen. Sam Brownback (news, bio, voting record) of Kansas said some Supreme Court decisions are indefensible and invite reconsideration. The court, Brownback said, had revisited some 200 cases for that very reason. "Some precedents are undeserving of respect," he said. Republicans complained that Democrats have already made up their minds about Alito. "I do think that there are those who have already decided to vote against your nomination and are looking for some reason to do so," Sen. John Cornyn (news, bio, voting record), R-Texas, said Tuesday. "And I think one of the reasons that they may claim is that you've been nonresponsive." Cornyn said he saw nothing to derail Alito's confirmation. Alito and the senators have covered a wide range of contentious issues, but the 55-year-old appeals court judge has not staked out any new or controversial positions. Asked repeatedly about abortion, he assured the committee on Tuesday he would first take previous rulings into account. At the same time, he stressed that precedent, including the Roe v. Wade decision, is not binding on the high court. "I would approach the question with an open mind and I would listen to the arguments that were made," Alito said. On another subject, he said Tuesday that the Bill of Rights applies "in times of war and in times of national crisis," although he declined to specify whether Bush acted properly in ordering wiretaps without warrants in selected cases as part of the war on terror. Leahy first mentioned Alito's membership in the Concerned Alumni of Princeton, a group that opposed admission of increased numbers of women and minorities. "I really have no specific recollection of that organization," Alito said, although he did not dispute that he belonged to it. Democrats used much of their time to try to tear down Alito's past opinions, statements and speeches as a judge and a conservative lawyer for the Reagan administration, while Republicans used much of their time trying to defend him from that criticism. Sen. Russ Feingold (news, bio, voting record). D-Wis., pressed Alito on whether he actually told the 3rd U.S. Circuit Court of Appeals that he should not be hearing cases involving investment company Vanguard. He holds six-figure investments with Vanguard. "So you don't recall whether you notified them or not?" Feingold asked. "I do not. No," Alito said. Alito promised the Judiciary Committee at his 1990 confirmation hearing as an appellate judge that he would remove himself from cases involving Vanguard. His participation in a 2002 Vanguard case was an oversight although he said he didn't do anything wrong, Alito said. The American Bar Association and his supporters have accepted that explanation. "If I had to do it over again there are things that I would do differently," Alito said.
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