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Specter: Tough on Alito but No Filibuster
Senator Arlen Specter (R-Pa.) told the Washington Post Wednesday that Supreme Court nominee Samuel A. Alito Jr. "faces some real hurdles” and that the fate of his nomination hinges on "how credible he is” in confirmation hearings set to begin January 9. Specter, chairman of the Senate Judiciary Committee, pledged to start Alito’s confirmation hearings on January 9 by probing Alito’s views on abortion rights. Specter said he will ask Alito, "What assurances can you give to this committee – and the American people and all the litigants that will come before your court – that your personal views will not have any impact, any weight, on your judicial decisions?” Alito has previously told Specter in private meetings that he would not allow his personal views to affect his decisions on the Court. Specter said he still has an open mind on the issue.
Story Continues Below He also implied that the abortion question is the most important for Alito to answer. "There are a lot of big, big issues that he has to answer,” Specter said. "But this is the one which has captured the public’s imagination.” Specter’s contention is backed by a recent New York Times-CBS poll in which 71 percent of respondents said it was "very” or "somewhat important” for Senators to know a judicial nominee’s position on abortion before voting. But many legal experts contend that ethical concerns prevent nominees from detailing hypothetical decisions before the specifics of a particular case come before them on the Court. Citing similar concerns, newly appointed Chief Justice John Roberts and Clinton-appointed Associate Justice Ruth Bader Ginsburg both deflected questions calling for specific answers on constitutional issues in their own confirmation hearings.
Still, there is reason to believe that the general public’s curiosity is stoked by a belief that abortion laws should be more stringent.
The same Times-CBS poll found that a majority of Americans favor further restrictions on abortion, with 59 percent agreeing that abortions should be available under stricter limits or illegal altogether. Only 38 percent said that abortion "should be generally available to those who want it.” The most recent abortion cases to come to the Supreme Court have involved restrictions on abortion – specifically partial-birth abortions and parental-consent laws. Specter also noted that the chance of a Democratic filibuster is "remote at this point” because there is no evidence to suggest Alito is outside the judicial mainstream. The Post reported that Senate Minority Leader Harry Reid’s aides are generally avoiding mention of the "filibuster" word.
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