Alito nomination sets up a battle
November 9, 2005
Two weeks ago President George W. Bush nominated Samuel Alito as his latest nominee for the vacant seat on the Supreme Court. While the previous nominee Harriet Miers withdrew her nomination due to her lack of judicial experience, Alito not only has 15 years of experience, but also a more defined set of ideals and beliefs. A set of ideals and beliefs that some say could sway the court.
The Supreme Court is the highest court in the nation, made up of nine justices. The job of these justices is to hear cases regarding the interpretation of the constitution, which may lead to laws being declared unconstitutional. In addition, the Supreme Court can also overturn previous Supreme Court rulings.
This is where things get interesting. The only chances the democrats have to block Alito’s nomination are to find a “troubling incident or a compelling narrative that plausibly paints him as outside the political mainstream” or proceed with a filibuster.
The democrats are weary of Alito’s nomination because he would be replacing a key vote for pro-choice abortion rights. So theoretically, Alito could be part of a major shift in ideology in the Supreme Court. I spoke with Government Professor Robert Friedman about some of these issues.”I think it is interesting that, if Alito is approved as a Justice, he will be the fifth conservative male Catholic judge on the Supreme Court,” Friedman said.
Friedman feels that this is the most disturbing issue of the nomination.
“There is rightly some concern that a majority of justices from one religious perspective and predominantly from one gender might end up interpreting the Constitution differently and more narrowly than what a more diverse court would do,” Friedman said.
I agree with Professor Friedman, while it is unconstitutional to decline approval for a nominee based on their religion, it should be considered.
The San Francisco Chronicle reports that liberals are currently trying to “find holes in Alito’s armor” to find evidence that his beliefs sway from the political norm. If Alito’s beliefs are too far right, or his decisions to be based on his personal religious beliefs, the nation would have a problem.”A judge who cited his religious beliefs as a justification for his ruling would violate his oath of office and his duty under the constitution,” Friedman said.
This is definitely a tricky situation, since no justice would willingly say this, but isn’t it likely that religious beliefs do impact justices’ rulings? Furthermore, judges must make rulings knowing their personal beliefs do not reflect the nation as a whole.
It will be interesting to see what happens in January when Alito is reviewed. Currently the Roe vs. Wade ruling has legalized abortion since 1973. Conservatives view Alito, as a “home run”, predicting that Alito would rule against Roe vs. Wade. This would set a bleak future for a woman’s right to choose. Let us remember that one group’s religious beliefs should not reflect the nation as a whole, nor should we let religion dictate Supreme Court rulings.
Contact Andrew Stiffler at [email protected]