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Bush nominee Alito sworn in at Supreme Court

Posted on: Tuesday, 31 January 2006, 18:14 CST

By Thomas Ferraro

WASHINGTON (Reuters) - Samuel Alito was sworn in as a Supreme Court justice on Tuesday, surviving one of the narrowest Senate confirmation votes in a century to become the second conservative put on the court by President Bush.

Alito took the constitutional and judicial oaths from Chief Justice John Roberts, Bush's first Supreme Court appointee, in a private ceremony at the court, a spokeswoman said.

Bush appointed Roberts and Alito after promising to select justices in the mold of Antonin Scalia and Clarence Thomas, the court's two most conservative members. The choice of Alito sparked concern among Democrats and some liberal groups that his former stands against abortion and on other hot-button social issues would push the court to the right.

After weeks of debate, the Senate confirmed Alito, 55, a federal appeals judge since 1990, on a largely party-line vote of 58-42, making him the 110th member of the nation's highest court.

He replaces Justice Sandra Day O'Connor, a moderate conservative, who retired. He is expected to align himself with the court's conservative bloc and could affect the outcome of votes on key social issues.

Bush said: "Sam Alito is a brilliant and fair-minded judge who strictly interprets the Constitution and laws and does not legislate from the bench."

But assistant Senate Democratic leader Dick Durbin of Illinois, who helped head the opposition, said: "I fear on this January morning in Washington a chill wind blows -- one that could snuff out the dying light of Sandra Day O'Connor's Supreme Court legacy of measure and moderation."

Successful Supreme Court nominees have traditionally received broad bipartisan support, but Alito ended up with one of the lowest votes for confirmation in the past 100 years, and the fewest since Thomas was confirmed 52-48 in 1991 after accusations he sexually harassed a former aide.

Four Democrats joined 54 Republicans in voting to confirm Alito; one Republican, one independent and 40 Democrats opposed him.

In September, Roberts was confirmed 78-22.

Bush nominated Alito in October after an earlier choice, White House counsel Harriet Miers, withdrew after complaints from conservatives she was not conservative enough.

While Democrats were unable to stop Alito, they hope to make Bush's court picks an issue in this year's congressional elections. Republicans say they would welcome such a debate.

At his confirmation hearing, Democrats wrestled with Alito over his view of presidential powers, which they say is overly broad. Alito deflected questions about the legality of the administration's domestic spying program without warrants, but said no president is above the law.

Critics also feared Alito would embrace an ideological agenda, but backers noted he vowed to administer justice for all and received the American Bar Association's top rating.

Though he opposed abortion while in the Reagan administration two decades ago, Alito promised to respect legal precedent, which includes the 1973 Supreme Court decision that legalized abortion. Still, to the consternation of foes, he did not say how he would rule.

A PIVOTAL SEAT

Sen. Charles Schumer, a New York Democrat, said, "I must say that I wish the president was in a position to do more than claim a partisan victory tonight."

Senate Majority Bill Frist, a Tennessee Republican, said, "In every respect, Judge Alito is a nominee who meets the highest standards of excellence."

Frist said Alito deserves a seat on the Supreme Court, which he described as being "reserved for few -- but that impacts millions."

O'Connor's seat has long been viewed as pivotal since for years she has been the swing vote in a series of 5-4 decisions on social issues. Roberts replaced a fellow conservative, the late William Rehnquist, so he did not change the balance on the court.

Alito and Roberts, 51, appear certain to help shape the American way of life for years as key figures in the legacy of the 43rd president. Bush won two terms as president vowing to put staunch conservatives on the Supreme Court, the nation's final legal arbiter.

Source: REUTERS

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