Nov. 17, 2005

Spotlight on the Supreme Court: Alito nomination considered

By RACHEL LONG
longr@marietta.edu

On October 27th, 2005, Supreme Court nominee Harriet Miers requested that her nomination to fill the vacancy created by Sandra Day O'Connor's resignation be withdrawn. Ms. Miers has served as the President's counsel since February of 2005. She was instrumental to the White House in helping with the successful, recent nomination of Chief Justice John Roberts.

A very distinguished female attorney, Ms. Miers is a trailblazer serving as the first woman elected president of the Dallas Bar Association and later, the State Bar of Texas. However, her resignation was not completely unexpected, as she faced mounting, brutal criticism from Republican Senators. Many felt her stance upon divisive issues such as abortion was not clear. Miers never served as a judge to set a precedent of rulings on various issues of importance. Without the Right's vital support, as well as the Senate's request for confidential documents regarding Ms. Mier's correspondence with the President, she decided to terminate her pursuit for the vacancy. “I am concerned that the confirmation process presents a burden for the White House,” Miers wrote in her letter to the President, explaining her reasons for ending the nomination process. Many believe Miers was forced to withdraw because of political reasons. Some say the President initially nominated Miers to avoid a political battle with the Left.

With his suffering approval ratings and corruption plaguing his administration, President Bush strategically chose to nominate an individual whom his conservative base will gladly support. Unlike Miers, Judge Samuel Alito has an extensive record of conservative rulings concerning numerous issues facing the judiciary today. He currently serves as a Justice on the Third Circuit Court of Appeals in Philadelphia. Alito's judicial philosophy has been compared to that of Supreme Court Justice Antonin Scalia, perhaps the Court's most conservative member. In fact, he has acquired the nickname “Scalito.”
“Judge Alito has gained the respect of his colleagues and attorneys for his brilliance and decency,” the President told reporters once he announced the nomination. Many political analysts write that Alito's nomination process will be a political battle as well as an ideological skirmish. His nomination to the Court is expected to result in confirmation. Such a confirmation will result in a very different balance for the Court, which often ruled 5-4 for many issues while O'Connor and Rehnquist were on the Bench.