Senate Confirms Alito As 110th Supreme Court Justice With 58-42 Vote, USA

The Senate on Tuesday as expected approved 58-42 the confirmation of nominee Judge Samuel Alito as the 110th justice of the U.S. Supreme Court to replace retiring Supreme Court Justice Sandra Day O'Connor, the New York Times reports (Kirkpatrick, New York Times, 2/1). Fifty-four Republicans and four Democrats -- Sens. Robert Byrd (W.Va.), Kent Conrad (N.D.), Tim Johnson (S.D.) and Ben Nelson (Neb.) voted to confirm Alito. Forty Democrats, one Republican -- Sen. Lincoln Chafee (R.I.) -- and one independent -- Sen. James Jeffords (Vt.) -- voted against Alito's confirmation (Perine, CQ Today, 1/31). President Bush in October 2005 nominated Alito to replace O'Connor. Alito during the Senate Judiciary Committee hearings last month said his statement in a 1985 job application to become deputy assistant to former Attorney General Edwin Meese that he "personally believes very strongly" that "the Constitution does not protect a right to an abortion" was a "true expression" of his "views at the time." However, he added that long-standing Supreme Court decisions deserve respect and that he would approach abortion-rights cases "with an open mind" (Kaiser Daily Women's Health Policy Report, 1/31). Tuesday's vote was the closest confirmation vote for a Supreme Court justice since Clarence Thomas was confirmed in 1991 by a vote of 52-48, according to USA Today (Kiely, USA Today, 2/1).

Reaction
Sen. Dianne Feinstein (D-Calif.), who sits on the judiciary committee and supports abortion rights, said, "I am very concerned about the impact Judge Alito could have on women's rights," adding, "It is my belief that this nominee's legal philosophy and views will essentially swing the court far out of the mainstream" (Reynolds, Los Angeles Times, 2/1). Senate Judiciary Committee Chair Arlen Specter (R-Pa.), who supports abortion rights, said that Alito's nomination has prompted "a lot of anxiety" about abortion rights because the court has been closely divided on the issue, adding, "I share that anxiety." However, he said that justices sometimes change their earlier views when ruling in Supreme Court cases (USA Today, 2/1). Specter previously has said that O'Connor was "very much opposed to abortion rights before she came to the court, and she has been one of the foremost proponents of a woman's right to choose" (Kaiser Daily Women's Health Policy Report, 1/26). Bush said in a statement, "Alito is a brilliant and fair-minded judge who strictly interprets the Constitution and law and does not legislate from the bench," adding, "He is a man of deep character and integrity" (Babington, Washington Post, 2/1).


NPR's "All Things Considered" on Tuesday reported on how Alito's confirmation could shift the composition of the court and affect future cases that could come before the court, including those involving abortion rights (Totenberg, "All Things Considered," NPR, 1/31). The complete segment is available online in RealPlayer.

In addition, NPR's "All Things Considered" on Tuesday reported on senators' reactions to the confirmation, including their thoughts on how he might rule in cases involving abortion rights. The segment includes comments from Senate Minority Whip Dick Durbin (D-Ill.), Senate Majority Leader Bill Frist (R-Tenn.), and Sens. Sam Brownback (R-Kan.), Barack Obama (D-Ill.), Harry Reid (D-Nev.), Jeff Sessions (R-Ala.) and Ted Stevens (R-Alaska) (Welna, "All Things Considered," NPR, 1/31). The complete segment is available online in RealPlayer.


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