Republicans and Democrats began a new argument Monday after President George W. Bush nominated a federal appeals court judge to replace retiring Supreme Court Justice Sandra Day O’Connor.
Bush nominated U.S. Circuit Judge Samuel Alito, a nomination that, if confirmed, could upset the balance on the high court.
“Senate confirmation of Judge Alito would result in a Supreme Court that is more conservative than is presently the case,” Rep. Elijah E. Cummings (D-Maryland) said in a statement. “The question for the
Senate, and for America, is this: How much more conservative?”
Conservatives, who often support a strict interpretation of the Constitution, hold five of the nine seats on the high court, while liberals, who tend to uphold the Constitution as a living document, hold three. OܬConnor is often the deciding vote, aligning herself with neither interpretation.
Alito, a former Justice Department official and federal prosecutor and current judge on the 3rd U.S. Circuit Court of Appeals, is the third nominee set to replace OܬConnor.
The first was John Roberts, who instead took the place of Chief Justice William Rehnquist after his death.
Harriet Miers, the second nominee, withdrew her nomination.
Whereas both Republicans and Democrats called Miersܬ political views and qualifications into question, many Republicans consider Alito a wonderful candidate.
“I believe it is not uncommon for a president to select a friend to serve, especially in a second term of office, no matter what political party,” J.R. Love, treasurer for the Mississippi State University College Republicans, said of Miers. “The nature of politics is very obvious to show a president will pick a nominee that mirrors his political party, like Alito,” he said.
This nomination is considered by many to be one of the most important in history.
The judge who replaces OܬConnor could hold the deciding vote on many cases. Many Democrats believe that replacing such a crucial vote with an obvious conservative is a mistake.
“This is a needlessly provocative nomination,” ranking Senate Judiciary Committee member Patrick Leahy (D-Vermont) said. “Instead of uniting the country through his choice, the president has chosen to reward one faction of his party at the risk of dividing the country,” he said.
Others feel that political party is less important than the Constitutional interpretation those affiliations represent.
“What we need on the bench is a nominee who is ready to protect all Americans‹¨ rights,” MSU College Democrats president Matthew Holmes said. “While our Constitution is one of the greatest documents in history, it is only so because the men and women who interpret it have grown,” he said.
Some Republicans, however, feel that conservative values and, in turn, a strict Constitutional interpretation, are shared by most Americans and therefore should dominate the Supreme Court.
“I believe a conservative nominee is more in touch with the majority of Americans,” Love said. “Therefore, it could only make our country stronger to know our judicial system is more in line with the everyday people.”
In addition to his conservative alliances, Alitoܬs experience will work in his favor when confirmation hearings begin.
Judge Alito is one of the most accomplished and respected judges in America, President Bush said in a press conference. Alito has more prior judicial experience than any Supreme Court nominee in more than 70 years, Bush added.
“As a Justice Department official, federal prosecutor and judge on the U.S. Court of Appeals, Sam Alito has shown a mastery of the law, a deep commitment of justice and he is a man of enormous character,” Bush said.
However, despite his experience, Alito will meet opposition from Democrats during his confirmation.
“What America needs is a justice like O‹¨Connor who stood so firmly and courageously on the perch of justice,” Holmes said. “Alito is not that person.”