Bush calls on Senate to give Alito fair hearing

By Thomas Ferraro

WASHINGTON (Reuters) – U.S. President George W. Bush called
on senators on Monday to give Judge Samuel Alito a fair and
dignified hearing on his Supreme Court nomination, as his
conservative nominee prepared to face tough questioning on his
views.

Lawmakers in both parties on the Senate Judiciary Committee
are expected to strongly challenge Bush’s conservative nominee
on his record and beliefs, which include personal opposition to
abortion.

Hours before Alito’s hearing was to begin, Bush and his
nominee to replace the retiring Justice Sandra Day O’Connor had
breakfast in the Oval Office and afterward appeared briefly
before reporters in the Rose Garden.

“The Supreme Court is a dignified body. Sam is a dignified
person. And my hope, of course, is that the Senate bring
dignity to the process and give this man a fair hearing and an
up-or-down vote on the Senate floor,” Bush said.

Barring an unforeseen bombshell, the 55-year-old
conservative was expected to be confirmed by the full
Republican-led Senate later this month, and possibly move the
nation’s highest court to the right on social issues.

On the eve of Alito’s confirmation hearing, the Rev. Jerry
Falwell said Christian conservatives could be on the verge of
achieving what they have worked on for 30 years.

“There could be a reconstruction of the U.S. Supreme Court
in our immediate lifetime,” Falwell said at a Christian rally
in support of the nominee.

TOUGH QUESTIONS

A member of the Philadelphia-based 3rd U.S. Circuit Court
of Appeals since 1990, Alito earlier served as a U.S.
prosecutor and an attorney in the Reagan administration.

“Sam’s got the intellect necessary to bring a lot of class
to that court. He’s got a judicial temperament necessary to
make sure that the court is a body that interprets the law and
doesn’t try to write the law,” Bush said.

During coming days, Alito will face a host of tough
questions, including probing on his views about presidential
war powers and his personal opposition to abortion.

“The challenge for Judge Alito … is to demonstrate that
he will protect the rights and liberties of all Americans and
serve as an effective check on government overreaching,” Sen.
Patrick Leahy of Vermont, the panel’s top Democrat, said in his
prepared opening statement.

If confirmed, Alito would replace O’Connor, a moderate
conservative who often has been the swing vote on the
nine-member court on abortion and other social issues.

Backers portray Alito as a “mainstream conservative” and a
“fair-minded judge” who respects Supreme Court precedent, which
includes a 1973 decision that legalized abortion.

Yet opponents say Alito’s record shows him to be a threat
to such basic liberties as civil rights and abortion rights and
environmental protection.

The first day of the hearing, starting at noon EST (1700
GMT), was to be confined to opening statements by the 18
committee members, followed by an opening statement by Alito.

At least two days of questioning of Alito will begin on
Tuesday. A major issue will be the recent disclosure that Bush
ordered eavesdropping without warrants on Americans with
suspected terrorist ties.

Many lawmakers have questioned the legality of Bush’s
action, and Democrats have voiced concern about what they see
as Alito’s support for broad presidential powers.

While Alito is expected to be confirmed, congressional
observers say the Senate vote will likely be much closer than
the 78-22 confirmation nod John Roberts received in September
as Bush’s first Supreme Court nominee. That is because the
court’s ideological balance may now be at stake.

Last year, 22 of the Senate’s 44 Democrats joined the
chamber’s one independent and 55 Republicans in approving
Roberts to replace William Rehnquist, the court’s conservative
anchor, as U.S. chief justice.

(Additional reporting by Steve Holland)