Senator Lott Says Alito Nomination is a 'A Home Run'

SENATOR LOTT SAYS ALITO NOMINATION IS A 'A HOME RUN'

Author: Sen. Trent Lott

November 4th, 2005 -

President Bush hit a home run by nominating Judge Samuel A. Alito, Jr. to replace retiring Supreme Court Justice Sandra Day O'Connor. Judge Alito, a conservative jurist dedicated to interpreting the Constitution as written, will have my support when it's time to vote on his Senate confirmation.

Unlike Harriett Miers, who withdrew her nomination last week, Judge Alito's credentials are unquestionable. And unlike Ms. Miers, the nation knows a lot about Judge Alito.

Judge Alito has a widely-regarded reputation for professionalism in his 30 years in public service, and the Senate twice has voted unanimously to confirm him - first as U.S. Attorney for the District of New Jersey, and again as a jurist on the Third Circuit Court of Appeals. He previously served as assistant to President Ronald Reagan's Attorney General, Ed Meese. Judge Alito already is very familiar with the Supreme Court because he's argued at least a dozen cases before it.

His judicial philosophy is well documented. He understands the limited constitutional role of our judicial system. In other words, unlike liberal jurists who try to make their own laws from the bench, as a legal conservative, Judge Alito's decisions will be based on the law as made by you and your elected representatives in Congress.

Don't expect Judge Alito to change our Constitution's meaning to reflect popular culture, the verbose chant of special interest groups, or even his own personal beliefs. For legal conservatives like Judge Alito, the Constitution - the people's law - is the final word, the absolute arbiter of our nation, just as our Founding Fathers envisioned.

Here's a sample of his record:

In ACLU vs. Schundler, he wrote the majority opinion which held that a holiday display on city property, that included both secular and religious symbols, did not violate the Establishment Clause.

In Planned Parenthood vs. Casey, he argued that a law requiring women seeking abortions to inform their husband, was not an "undue burden" and should have been upheld. This opinion showed deference to the Pennsylvania legislature's intention when it passed the underlying law.

In Fatin vs. the Immigration and Naturalization Service (INS), he ruled in favor of allowing an Iranian woman to seek asylum, because she faced gender persecution at home.

In U.S. vs. Rybar, he argued that a federal law banning citizens from owning assault weapons was inconsistent with the Constitution's Commerce Clause.

Yet, in another case involving the pro-abortion Planned Parenthood, he ruled that a state law banning partial-birth abortions was unconstitutional in light of a then recent Supreme Court decision because of a failure to provide exceptions for protecting the mother's health. An overwhelming majority of Americans opposes this horrible late-term abortion procedure as I assume does a Catholic son of Italian immigrants like Judge Alito. Yet, he obviously put aside personal beliefs in this case and ruled according to the law. That's what a conservative, strict constructionist jurist does. He bases decisions on law.

Given Judge Alito's resounding record of respect for the law and those who make it, you can expect liberals in the Senate like Ted Kennedy, along with their echo chamber, special interest and anti-Christian groups, to ferociously attack this nominee during the coming days and weeks. They will call him a "right wing extremist" who is outside the rather weird perimeter that they always try to mask as "mainstream."

But just like Judge John Roberts did a few weeks ago, I expect Judge Alito's intellect and seasoned experience to be more than up to the task of countering these perennial critics. Judge Samuel Alito is qualified to serve on the Supreme Court. His professional career is well documented, and his personal story personifies the American dream. Judge Alito deserves a fair hearing by the Senate, and confirmation to the U.S. Supreme Court.

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