Debating Alito

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Reporters surround Judge Samuel Alito as he meets with Senator Patrick Leahy, on Capitol Hill in Washington, on November 2, 2005. (Photo: Dennis Cook/AP Wide World)

January 10, 2005

Senators asked the latest nominee for the Supreme Court some tough questions on Monday. Judge Samuel A. Alito Jr. is the nominee, and if he is approved by the Senate, he will join the nation's top court.

Alito hopes to fill the seat of Justice Sandra Day O'Connor, who is retiring. There are nine Justices on the U.S. Supreme Court, and on many issues, hers was the deciding vote. Senators want to know: If Alito takes her place, how will he cast his ballot?

Judge Alito already has at least one strong supporter—the man who nominated him, President Bush. "Sam has got the intellect necessary to bring a lot of class to that Court," said Bush. "I hope the American people will be impressed by the process."

The Issues

As Alito was meeting with Senators of the Judiciary Committee, they outlined what they planned to ask him about the major issues that may come before him, which included the question of how much power the President should have. Many Democrats believe that President Bush has recently overstepped his authority, and fear that Alito would allow him to do so again.

"In his writings and speeches, [Alito] has supported a level of overreaching presidential power that, frankly, most Americans find disturbing and even frightening," said Senator Edward M. Kennedy, Democrat from Massachussetts.

But Republicans are urging Democrats to give him a chance. "Judge Alito, now you have an opportunity to set everyone straight on your record and your approach to deciding cases," said Republican Senator Charles Grassley at the hearing.

The Process

For 11 years, the same nine men and women ruled together on the U.S. Supreme Court. But when O'Connor retired last July and Supreme Court Justice William H. Rehnquist died in September, two seats were suddenly open.

President Bush nominated John G. Roberts Jr. to fill O'Connor's seat, but asked him to become Chief Justice instead when Rehnquist died. The Senate found Roberts intelligent, fair, and likable, and they approved him.

Then, the President nominated his close friend and adviser Harriet Miers to fill O'Connor's seat. But when conservative groups campaigned against her, Miers withdrew her nomination. Samuel Alito, a conservative Pennsylvania judge, marks Bush's second attempt to find a replacement.

In the meantime, O'Connor still goes to work at the Supreme Court, waiting for a new judge to be approved by the Senate.

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