The Senate Judiciary Committee will vote today to either confirm or reject Supreme Court nominee Samuel Alito, a vote that may alter the future of justice in the United States.
“This will bring in additional conservative orientations to our understanding of the Constitution and the validity of the law,” associate professor of political science and public administration Diane Wall said of the possible confirmation of Alito. “This can change the outcomes of future cases. A lot of civil liberties cases were 5-4 votes.”
Alito is the third nominee slated to take Justice Sandra Day O’Connor’s place on the high court. O’Connor, who is often called the “swing vote,” became the deciding vote in many cases over the years.
While some are concerned with the conservativism of Alito, others are concerned that a confirmation of this candidate would clear the way for growing executive power.
MSU College Democrats President Matthew Holmes is concerned that Alito will back new anti-terrorism efforts such as the Patriot Act and recent wire-tapping laws, violating civil liberties.
“The Supreme Court interprets the supreme law of the land, what we as Americans can and cannot do,” Holmes said. “They have the power to govern the governing from the president down to the city council, and they can only be removed by death or criminal impeachment. That’s power.”
Wall agreed that the issue of a new appointment to the Supreme Court cannot be taken lightly.
“The Supreme Court is a check on the power of the government. It is the opportunity for us to go to another branch of the government and be heard,” Wall said. “[With Alito] there is a concern that the check to control the power of the government is going to be lost or loosened greatly.”
While some feel that Alito might sway the court in a conservative direction, others believe that the judge is a perfect candidate for O’Connor’s seat.
“During this week’s hearings and over the course of his career, Judge Alito has demonstrated that he is eminently qualified to serve on our nation’s highest court,” President George W. Bush said in an article on CNN.com. “He forthrightly answered questions with grace and composure, and showed his personal humility and legal brilliance-qualities that have made him one of America’s most accomplished and respected judges.”
Sen. Ben Nelson (D-Neb.), who is on the Judiciary Committee, also plans to back Alito because of his qualifications. Nelson said that Alito’s confirmation stems from his “impeccable judicial credentials and his pledge that he would not bring a political agenda to the court.”
Although some have concerns, all have high hopes for the future.
“Scholars realize at times people who arrive to the U.S. Supreme Court grow as they are on the court and sometimes the nominator gets some surprises,” Wall said. “Their perspective can mature.”
Holmes feels that Chief Justice Roberts will replace O’Connor as the swing vote, and that the combination of his and Alito’s youth-both are in their fifties-will make for a better court.
“Youth has improved our Constitution progressively over the last 200 years, and my hope is that improvements will continue,” Holmes said. “And we never really know how a justice will vote until they lay their gavel down for the first time.”
Alito himself says he will rule with an unbiased interpretation of the law.
“A judge cannot have any agenda. A judge cannot have any preferred outcome in any particular case,” he said. “The judge’s only obligation is to the rule of law. In every single case, the judge has to do what the law requires.”