Alito hearing — And now, the questions

Given that O'Connor was the swing vote on many of the most heatedly debated social issues, including abortion, the death penalty, affirmative action and religion, the stakes this time are perhaps even higher for the court, the two parties and advocates on both sides than during the battle last year over the nomination of John G. Roberts Jr., who was confirmed as chief justice Sept. 29 with half the Senate's Democrats supporting him.

Sen. Dianne Feinstein, D-Calif., called Alito's potential seat on the bench "pivotal" and said she wanted clear answers on his position on Roe v. Wade and abortion and civil rights.

Current Judiciary Chairman Arlen Specter, R-Pa., said there is no firm rule on how much a nominee must say to be confirmed and although he considers it "inappropriate to ask a nominee how he would vote on a specific matter likely to come before the court," senators may ask whatever they want.

Sen. Charles Schumer, D-N.Y., said the judge has an obligation to answer questions on topics he has written about, telling Alito that, "Most of the familiar arguments for ducking direct questions no longer apply and certainly don't apply in your case."

Schumer said the validity of the position that Alito could not speak on any issue that was likely to come before him "vanishes when the nominee has a written record, as you do, on so many subjects."

"On the issue of choice, for example, because you've already made blanket statements about your view of the Constitution, and your support for overruling Roe, you've already given the suggestion of prejudgment on a question that will likely come before the court," Schumer said. "So I respectfully submit you cannot use that as a basis for not answering."

Alito made his opening statement to the senators Monday, about 3 1/2 hours after the hearing started.

His 11-minute remarks gave a brief outline of his past, including how he felt when he moved from being an attorney to a judge.

"A judge can't have any agenda, a judge can't have any preferred outcome in any particular case and a judge certainly doesn't have a client," Alito said in his first statement to the committee Monday. "The judge's only obligation — and it's a solemn obligation — is to the rule of law. And what that means is that in every single case, the judge has to do what the law requires."

The hearing will continue today and for the rest of the week. Specter wants the committee to vote on Alito's nomination Jan. 17.

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Contributing: Richard W. Stevenson and Neil A. Lewis, New York Times News Service

E-mail: suzanne@desnews.com