Alito: No "Blank Check" for the President

Supreme Court Nominee Samuel Alito told the US Senate Judiciary Committee today that he believes in judicial precedent and the right to privacy and, when questioned, agreed with retiring Justice Sandra Day O'Connor that "a state of war is not a blank check for the president when it comes to the rights of the nation’s citizens." But which is the true Alito - today's nominee (based on his response to questions) or yesterday's judge (based on his written opinions)? In yesterday's opening hearing, the PR effort to convince America that the true Alito is on stand was in full force, according to Jonathan Darman of Newsweek.

Darman examines nuances designed to sell the nomination, such as carefully staging former New Jersey Governor Christie Todd Whitman (moderate Republican, pro-choice) for a photo-op. He also says that contrary to appearances (the hearing was chock-full of women), "Alito’s record on women's issues, particularly abortion, is more hardcore conservative than any nominee since Clarence Thomas." In his private life, Alito is a former member of the Concerned Alumni of Princeton (CAP), "a group opposed to the school’s admission of women and minorities," but said he had no recollection of the organization when questioned. Nor did he recall why he included it on his resume in 1985 when he worked for the Reagan White House.

Alito's view on executive privilege is particularly important given recent revelations about intelligence leading to the Iraq war and domestic wiretaps without warrants. Keith Porter, About.com's guide to globalization, has a thorough primer on the US makes foreign policy. In 2002, several analyses probed the concept of an imperial presidency, but little new has been written. The Cato Institute warned of imperialism during the Clinton years:

In his classic 1973 book The Imperial Presidency, historian Arthur Schlesinger Jr. warned that the American political system was threatened by "a conception of presidential power so spacious and peremptory as to imply a radical transformation of the traditional polity." America's rise to global dominance and Cold War leadership, Schlesinger explained, had dangerously concentrated power in the presidency, transforming the Framers' energetic but constitutionally constrained chief executive into a sort of elected emperor with virtually unchecked authority in the international arena.

Other issues raised include the following:

• "Alito pledged in 1990 that he would recuse himself from cases involving the Vanguard companies. Some Alito opponents say his participation in a 2002 Vanguard case raises doubts about his fitness for the Supreme Court. Alito holds six-figure investments with Vanguard. 'If I had to do it over again there are things that I would do differently,' said Alito, although he also said he did nothing wrong." - Seattle Times
• "Alito said the attorney general would not have absolute immunity from civil liability for authorizing warrantless wiretaps. Alito wrote a memo on the topic in 1984 suggesting the attorney general should have such immunity when acting to protect national security. President Bush has been defending in recent weeks the National Security Agency's electronic surveillance program, which he authorized after the Sept. 11, 2001 terror attacks." - San Jose Mercury News
• When questioned about a 1965 Supreme Court ruling that prohibiting contraception for married couples violated their right to privacy, Alito said "I do agree that the Constitution protects a right to privacy and it protects a right to privacy in a number of ways.'' The right to privacy is a cornerstone of Roe v. Wade, which legalized abortion in America. - Bloomberg

The Committee is scheduled to debate and vote on the nomination next Tuesday, 17 January.

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