President Bush nominated veteran judge Samuel Alito on Monday in a bid to reshape the Supreme Court and mollify his conservative allies. Ready-to-rumble Democrats warned that Alito may be an extremist who would curb abortion rights.
"Judge Alito has served with distinction on that court for 15 years, and now has more prior judicial experience than any Supreme Court nominee in more than 70 years," Bush said, drawing an unspoken contrast to his first choice, Harriet Miers.
Unlike her nomination, which was derailed Thursday by Bush's conservative allies, Alito faces vocal opposition from Democrats.
"The Senate needs to find out if the man replacing Miers is too radical for the American people," said Senate Minority Leader Harry Reid, D-Nevada.
So consistently conservative, Alito has been dubbed "Scalito" or "Scalia-lite" by some lawyers because his judicial philosophy invites comparisons to conservative Supreme Court Justice Antonin Scalia. But while Scalia is outspoken and is known to badger lawyers, Alito is polite, reserved and even-tempered.
Given solid Republican support in the Senate - where the GOP controls 55 of the 100 seats - Democrats would have to filibuster to block Alito's confirmation, a tactic that comes with political risks. Conservatives who denounced Miers as an unqualified crony quickly praised Alito.
"The Supreme Court is an institution I have long held in reverence," said the bespectacled judge, a former prosecutor and government attorney who has argued 12 cases before the Supreme Court. "During my 29 years as a public servant, I've had an opportunity to view the Supreme Court from a variety of perspectives."
Praised by Democrats when confirmed for the appeals court 15 years ago, Alito has staked out positions supporting restrictions on abortion, such as parental and spousal notification. If confirmed by the Senate, Alito would replace retiring justice Sandra Day O'Connor, a decisive swing vote in a host of affirmative action, abortion, campaign finance, discrimination and death penalty cases.
Alito favors more restrictions on abortion rights than either the Supreme Court has allowed or O'Connor has supported, based on a 1992 case in which he supported spousal notification.
Bush said he wanted Alito confirmed by year's end.
The president has made an excellent choice today which reflects his commitment to appoint judges in the mold of Scalia and Thomas," said Kay Daly, president of the conservative Coalition for a Fair Judiciary.
Conservative activist Gary Bauer who had challenged Miers' nomination predicted Democrats will fight Alito. "At least now the president is having a battle with his political opponents and not with his friends," Bauer told CNN. "I will help him any way I can."
Alito signaled his alliance with Daly and other conservatives, speaking of the "limited role the courts play in our constitutional system."
Reid, who had jumped to the support of Miers, promised to give Alito a "hard look."
Sen. Edward M. Kennedy, D-Mass., pulled no punches. "Rather than selecting a nominee for the good of the nation and the court, President Bush has picked a nominee whom he hopes will stop the massive hemorrhaging of support on his right wing. This is a nomination based on weakness, not on strength."
Abortion-rights activists denounced the pick. "Now, the gauntlet has been, I think, thrown down," said Kat Michelman, past president of NARAL-Pro-Choice American.
Judicial conservatives praise Alito's 15 years on the Philadelphia-based court, a tenure that gives him more appellate experience than almost any previous Supreme Court nominee. They say his record shows a commitment to a strict interpretation of the Constitution, ensuring that the separation of powers and checks and balances are respected and enforced. They also contend that Alito has been a powerful voice for the First Amendment's guarantees of free speech and the free exercise of religion.
Liberal groups, on the other hand, note Alito's moniker and say his nomination raises troubling concerns, especially when it comes to his record on civil rights and reproductive rights. Alito is a frequent dissenter on the 3rd Circuit, one of the most liberal federal appellate benches in the nation.
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