Alito

Samuel Alito, get ready for your close-up, said David Kirkpatrick in The New York Times. Next week, the Senate Judiciary Committee begins its grilling of the 55-year-old appellate court judge, who is President Bush's choice to replace Sandra Day O'Connor on the Supreme Court. Alito has a tough act to follow. Last fall, Chief Justice John Roberts dazzled the committee with his 'œpolished and camera-ready' responses to tough questions about abortion, church-state separation, and gay rights. Supporters who have coached Alito in confirmation hearing dress rehearsals predict he won't be quite as smooth. 'œHe will have a couple of hairs out of place,' said one participant. 'œHe might not wear the right color tie. He will look like he is from New Jersey, because he is.' Still, they say, Alito should do fine, as long as people don't expect another Roberts.

What matters most, said The Boston Globe in an editorial, is Alito's judicial philosophy. And on that score, there's reason for concern—especially regarding his views on 'œthe limits of presidential power.' Newly disclosed memos show that as a Justice Department attorney under Ronald Reagan, Alito supported 'œbroad executive branch powers to spy on Americans.' Specifically, he argued that former Attorney General John Mitchell should be immune from legal liability for ordering wiretaps without a court order. That view is all the more relevant today, given the Bush administration's penchant for jailing accused terrorists without charges or lawyers, and for spying on American citizens without permission from Congress or the courts. The country can't afford a Supreme Court that's a rubber stamp for a runaway executive branch. If Alito doesn't express support for 'œthe judicial role of checking presidential power,' the Senate must reject his nomination.

You've got it all wrong, said former Reagan solicitor general Charles Fried in The New York Times. While at Justice, Alito wasn't 'œa political operative seeking to make trouble or advance an agenda.' His memos on Mitchell's wiretapping and other matters were written at the request of superiors, to reflect the opinions of the administration. When I was his boss, Alito actually urged me not to ask the Supreme Court to overturn Roe v. Wade, on the grounds that the court wouldn't do it. He was right. Alito is not 'œa lawless zealot,' but a professional jurist.

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If you want to understand Alito, said Amy Goldstein and Sarah Cohen in The Washington Post, don't focus on his Reagan days. His 15-year paper trail of appellate decisions is a much better indicator. In general, he's 'œhighly sympathetic to prosecutors' and other government officials. He usually sides against criminals and ostensible victims of discrimination. He's also consistently 'œsupportive of a lower wall between church and state.' On the other hand, Alito's opinions are 'œlargely devoid of impassioned rhetoric or broad philosophical assertions.' And most of his decisions are well within the mainstream of the average U.S. appellate judge.

Dahlia Lithwick

Los Angeles Times