Statement by Senator Mark Pryor On Judge Alito's Confirmation to the Supreme Court

Statement by Senator Mark Pryor On Judge Alito's Confirmation to the Supreme Court

When I ran for the Senate, I said there would be times when I agreed with the President and times when I would not, but that I would always vote in the best interest of Arkansas. There is no doubt in my mind that Judge Alito is a credentialed jurist for this position, and carries with him the proper judicial temperament to sit on our Nation's highest court. However, intellect alone is not sufficient to fill this lifetime appointment.

I believe a Supreme Court Justice must also exhibit a consistent ability to be fair and impartial. While trying to give deference to the President, I cannot ignore that Judge Alito's record demonstrates his tendency to legislate from the bench. In my mind, this unmet criterion disqualifies Judge Alito from receiving my vote.

Finally, while I personally cannot support Judge Alito's confirmation on the Supreme Court, there is not a smoking gun in his past that would warrant "extraordinary circumstances" and subsequently a filibuster against his nomination. I have faith in the thirteen other members who forged the "Gang of 14." In exchange for preserving the minority party's right to filibuster a judge, we all agreed a higher threshold must be met before this action is taken.

Our agreement also called on President Bush to seek meaningful consultation with the Senate before nominating a judge. I believe the Administration worked with the Senate, as a co-equal branch of government, to find a consensus nominee in Chief Justice John Roberts. I was proud to vote for Chief Justice Roberts, and I believe he will conduct himself as a man of the court, not as a man of politics. In addition to Justice Roberts, I have also supported 116 judges nominated by President Bush. But I simply do not have this same degree of confidence in Judge Alito.

http://pryor.senate.gov/newsroom/details.cfm?id=250851&