Although the direct questioning of Supreme Court nominee Samuel Alito came to a close on Thursday afternoon, I remain pervaded with a sense of uncertainty -- uncertain as to what Alito truly intends to do if given the keys to one of nine of the most powerful offices in the country, uncertain as to what the senators questioning him could have done to have elicited more insightful answers, and uncertain regarding the outcome of the upcoming confirmation vote. If confirmed, the intentions of Samuel Alito will remain publicly unknown until they manifest themselves within the decisions of this country's highest court. In other words, this moment, during the Judiciary Committee's hearings before any voting occurs, is a crucial moment in terms of predicting and shaping the future of U.S. judicial policy; it is the last moment before the elected officials -- the appendages of the people -- lose all control over the process.
While I am unsure of many things regarding the confirmation, I am certain of this: ideologically, Justice Sandra Day O'Connor is no Justice William Rehnquist. The replacement of the former chief justice, Rehnquist, with another conservative, Justice John Roberts, made little change to the ideological balance of power equation on the bench, an equation that the current confirmation could greatly alter. The previous confirmation simply upheld the status quo -- this one could mean revolution. I am also certain that Samuel Alito is no John Roberts. Alito has fallen short in matching Roberts' eloquence, intellect and evasive brilliance demonstrated at the confirmation hearings just four months ago. With Roberts' precedent fresh on our minds, Alito by comparison has proven himself to be less of a showman and far less awe-inspiring in the Congressional confirmation shuffle.
On Wednesday, Alito provided vague answers to questions regarding precedents set in previous abortion cases. He justified his vagueness by asserting that similar cases may come before the court. Senator Dianne Feinstein (D-Cal.) countered this assertion with the fact that earlier in the day Alito had conclusively stated his position on the "one man, one vote" issue, which currently has four cases pending before the courts. Alito, seemingly trapped in a contradiction, responded with the same answer he had already offered, and Feinstein simply replied, "I'll let you off the hook on that one," moving on to other questions. Without the charisma and intellect of Roberts, Alito danced around the most crucial and incendiary issues -- and the Senators let him!
With that said, what could the senators have done to elicit more insightful answers about Alito's intentions and core beliefs? Answer: They could have continued applying the pressure with tough, relevant questions.
Instead, Senator Ted Kennedy (D-Mass.) created an irrelevant stir on Wednesday morning over Alito's membership in a Princeton University alumni organization that supposedly made discriminatory statements regarding women and minorities. Additionally, senators like Feinstein should not have simply moved on when met with resistance and reluctance but continue the aggressive veins of questioning. I, personally, would not have minded seeing some more heated confrontations in the committee room. At least then the hearings would have been reflective of the true nature of the battle at hand.
Considering Alito's comparatively unimpressive performance and the dramatic change implied in replacing O'Connor with another Justice Scalia, this confirmation truly should be a full-out ideological war. Even if collegiality is maintained throughout the hearings, I suspect that this Senate vote will be tighter than the last one. The stakes are higher and the candidate more controversial. On Wednesday, after the hearings, Senator Charles Schumer (D-N.Y.) left open the possibility of filibuster to combat the nomination once and for all.
While uncertainty characterizes many things regarding the confirmation, this is for sure: people throughout the country, including many students at Dartmouth, are concerned about Alito's views on abortion, the environment, search and seizure rights, healthcare and a plethora of other definitive issues. Unless Alito's views become more evident, this confirmation process will remain troublesome. And with the direct questioning period over, it appears as if the 18 members of the Senate Judiciary Committee have failed to clear up these unanswered questions and thereby left the American people and Senate in the dark.
