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The Honolulu Advertiser
Posted on: Monday, January 16, 2006

Alito deserves place on a 'Bush court'

Over the course of nearly 20 hours of hearings last week, Supreme Court nominee Samuel Alito came across as a person whose ideology and position on issues are far afield from many held by this newspaper and, indeed, by a substantial segment of the Hawai'i community.

But at the end of the day, the issue is not so much ideology but rather the competence, background and judicial temperament of the nominee.

On those grounds, Alito survived a rough confirmation hearing, and the Senate should grant President Bush his wish: to get the conservative Alito on the bench and complete what may become known as the "Bush Court."

Over the course of the hearings, Alito at times reminded one of Muhammad Ali, the boxing champ, who perfected the "rope-a-dope," in which he leaned back and simply let his opponents take their best shots.

None of the Democrats' rhetorical punches were enough to hurt the judge, who patiently waited them out and now seems poised for confirmation.

On abortion, executive privilege, presidential authority, affirmative action, et al., Alito failed to be open to the senators, who wanted to know exactly what he stood for.

Still, candor was the last thing we could have expected. After the Bork hearings in 1987, where the nominee, Robert Bork, vigorously defended his conservative views on abortion and the Constitution and was roundly rejected — it has been suicide for any nominee to stand his ground and show the strength of his beliefs.

John Roberts, the new chief justice, may have been as close to perfect in dealing with the confirmation process as one can get in the post-Bork years, showing a rare combination of strength, humility, charm and grace. But Alito, from his failed opening joke through the duration of the hearings, came across as low key and — to some — even evasive.

The Democrats will now do the math to see if they have at least 41 senators who feel passionate enough to filibuster the nomination. That appears unlikely since Senate moderates feel Alito is good enough to fill out the de facto Bush court. Alito's not as gracious as Roberts, but certainly no lightly qualified crony like the derailed Harriet Miers.

Alito may make some of us long for his predecessor, Sandra Day O'Connor.

But who's to blame for that? Those who feared an ideologically conservative court could have acted — in the last presidential election. The shortsighted among us may have never thought it could happen. But here it is, justice through a Bush filter.

Until the process is changed, the nomination remains the prerogative of the president.

It may not be the court everyone wants, but by right of election, it is the court we will get.