Bush nominee 'believes in an all-powerful
presidency
Independent News Online (UK)
By Rupert Cornwell in Washington Published: 11 January 2006
Democrats on the Senate Judiciary Committee accused President Bush's latest
Supreme Court nominee of being far too deferential to executive power and
invariably favouring the state over the rights of the individual.
Edward Kennedy, the party's liberal standard bearer, told Judge Samuel Alito
as the committee got down to serious questioning yesterday: "Your record shows
you believe in the supremacy of the executive branch and an almost all-powerful
presidency." .
To make his argument, Senator Kennedy cited several cases from Judge Alito's
15-year stint on the federal appeals bench in which, he claimed, the judge had
sided with the state even when some of his conservative colleagues
disagreed.
Along with abortion, the issue of abuse of executive power and the
judiciary's role as the last line of defence against such abuse, have emerged
as a potential stumbling blocks to Judge Alito's confirmation.
The row has been propelled on to the front pages by last month's revelation
that President Bush has allowed the National Security Agency to conduct
wiretapping without warrants against US citizens, bypassing a special domestic
court that normally authorises such procedures. The White House, Mr Kennedy
charged, was "abusing power, excusing and authorising torture and spying on
American citizens." Judge Alito, he said, "has to speak out on his commitment
to constitutional values and liberties".
On abortion, Judge Alito sought to pacify his critics by indicating he would
be in no rush to rule against the 1973 Roe v Wade decision upholding a woman's
right to have an abortion. He had "an open mind" on the issue.
These Supreme Court hearings are arguably the most important in a
generation. Judge Alito would replace Justice Sandra Day O'Connor, frequently
the key swing vote on the nine-member court. Democrats and civil liberties
groups say his confirmation would tilt the body decisively to the right.
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