Alito focuses on Democratic support in Senate

By Joanne Kenen

WASHINGTON (Reuters) – U.S. Supreme Court nominee Samuel
Alito courted Democrats in the Senate on Wednesday, winning
admiration from one Midwest moderate after a far-ranging
discussion on morality, values and religion.

Kent Conrad of North Dakota said he was impressed by
Alito’s intellectual firepower and that barring any unexpected
disclosures he would not support a Democratic attempt to
filibuster President George W. Bush’s nominee.

Alito’s nomination is particularly controversial as he is
more conservative than the retiring justice he would succeed,
Sandra Day O’Connor.

“Clearly he is conservative,” Conrad said of the judge who
has served 15 years on a federal appeals court. Conrad added he
did not view Alito as an ideologue who was “outside the
mainstream of American jurisprudence.”

Conrad said he and the judge discussed Alito’s family roots
and Roman Catholicism, without talking specifically about
abortion. He asked Alito what he would do if his religion
conflicted with his judicial responsibilities. Conrad said
Alito told him, “He has never felt there was a conflict between
his own moral precepts and the precepts of his church and his
role as a judge.”

Conrad was one of three Democrats Alito met as he continued
his courtesy calls on Capitol Hill. Russell Feingold of
Wisconsin did not talk to reporters after their conversation,
and New York Democrat Charles Schumer did not say whether he
was leaning toward opposing Alito. Schumer has been a leading
opponent of several controversial Bush nominees to federal
courts.

Schumer praised Alito’s professional experience and
abilities, saying, “It is very, very enjoyable intellectually
to talk to and even joust” with the nominee. He added he was
not satisfied by all of Alito’s positions on controversial
rulings, including whether Congress had the authority to ban
machine guns.

Like several other Democrats, Schumer raised concerns about
why Alito did not recuse himself in a case involving the
Vanguard mutual fund company. He had earlier promised to remove
himself from cases involving the company as he personally had
Vanguard investments.

The case in question involved a relatively small sum of
money, and Alito has told several senators that part of the
problem was a glitch in the computer system the courts use to
detect possible conflicts. Nevertheless, senators have voiced
concerns about Alito’s role in the case, which may become a
factor in his confirmation.

Alito in conversations with senators in recent days has
stressed his respect for precedent — which abortion rights
supporters have seen as a sign Alito would not overturn the
landmark 1973 Roe v. Wade abortion rights ruling. He also has
strong support from anti-abortion conservatives in the Senate.