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January 27, 2006     California State University, Fresno

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Alito's confirmation likely

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Alito's confirmation likely

Maurice O. Ndole / The Collegian
Alito acknowledges cheers from supporters after leaving the the Senate Judiciary Confirmation hearings Jan. 11 in Washington D.C.

By Maurice O. Ndole
The Collegian

After a series of mishaps and events in finding a replacement for retiring Supreme Court Justice Sandra Day O’Connor, the Senate Judiciary Committee voted 10-8 Tuesday to forward Samuel Alito’s name for confirmation by a full senate as the 110th Supreme Court Justice.


But Senator John Kerry (D-Massachusetts) is lobbying his Democratic colleagues to filibuster Alito’s nomination arguing Alito is not an ideal replacement for O’Connor, who earned a reputation as the swing vote among the justices because of her flexible voting record.


A New York Times editorial said Alito lacked O’Connor’s cautious and centrist approach to the law. The editorial urged senators to vote against confirming Alito because his radical views seem to favor increasing presidential powers and reducing congressional powers. The editorial also said as a judge, Alito’s rulings tilted the scales of justice against the little guy.


But the American Bar Association, the nation’s largest lawyers organization, has given Alito its full support giving him a well-qualified rating, the highest given by the organization.


Women studies professor Janet Slagter said she opposes Alito’s confirmation.


“I just sent e-mails to my senators to filibuster his confirmation,” Slagter said.


Slagter said Alito’s confirmation would endanger the integrity of Roe v Wade, a 1973 Supreme Court decision, which found the right to abortion is protected by the U.S. Constitution.


She said the law is already under attack and amendments have been made to the law making some states to put restrictions on funding abortion. Currently only four states fund voluntary abortion and 13 other states including California fund abortion with a court order according to the American Civil Liberties Union Web site.


Political science professor Kurt Cline said Alito was likely to be confirmed despite the concerns Democrats have against him.


“Democrats are concerned that he will move the court to the conservative side and overturn Roe v. Wade,” Cline said. “They are also concerned that he would give the president too much powers.”


Cline, however, said he didn’t see a possibility of the Supreme Court overturning Roe v. Wade, but said it was possible for the Justices to use their platform in the Supreme Court to chip away its principles and water it down.


But Slagter based on Alito’s history, there was a high possibility Alito would become an activist Justice advancing the right-wing cause.


A memo released by the national archives in November revealed Alito defended the government’s right to order blanket wiretaps in 1984 while working under the Reagan Justice Department.


“He is not only a danger to Roe v. Wade, but he is an advocate of making the presidency too strong,” Slagter said. “I don’t think there is any reason to confirm him.”


Business major James William said it doesn’t matter much to him whether Alito gets confirmed or not.


“Even though he is qualified, he is more likely to go with Bush,” William said. “But just because he is Republican does not mean he’ll overturn Roe v. Wade.

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