Hatch tries to protect judge amid fierce Demo questions

WASHINGTON — Supreme Court nominee Samuel Alito's ethics and past participation in a conservative alumni group dominated the partisan bickering during Wednesday's continuation of his nomination hearings.

Republicans used their questions to allow Alito to say why he would want to be on the Supreme Court and expand on statements he made during Tuesday's first round of questions. But Democrats demanded more answers and documents to get to the bottom of what they feel are lingering issues: his participation in a case involving the mutual-fund Vanguard Group and his membership in the Concerned Alumni of Princeton.

Sen. Orrin Hatch, R-Utah, called the two matters "ridiculous" and said it was more than a stretch for the Democrats to continue even bringing them up.

"It makes them look really picky and small," Hatch said. "I think Democrats are running out of ways to justify to vote against him."

Alito, nominated by President Bush to replace Justice Sandra Day O'Connor on the court, was unflappable during the day's grilling by senators. However, his wife, Martha-Ann Bomgardner, left the hearing room in tears near the end of a day of sharp questioning.

Sen. Lindsey Graham, R-S.C., was vouching for Alito's character at the time, and as Bomgardner left, he said, "Judge Alito, I'm sorry that you've had to go through this. I am sorry that your family has had to sit here and listen to this."

Sen. Edward Kennedy, D-Mass., caused a stir during the hearing when he told Senate Judiciary Chairman Arlen Specter, R-Pa., that he wanted the committee to subpoena William Rusher's papers from the Library of Congress. Rusher was the publisher of the National Review and a founder of the Concerned Alumni of Princeton.

Alito listed in a 1985 government job application that he was a member of the group, which has been described as one concerned at the time about the university possibly lowering its admissions standards to allow more minorities and women.

Specter and Kennedy argued over whether Kennedy sent Specter a letter requesting the documents. After the lunch break, Specter said the committee's staff would go to the Library of Congress to get the documents.

Hatch said he doubts there will be anything revealing there.

Kennedy said the Supreme Court has dealt with some of the main components of the nation's "equal justice under law" doctrine, and the country does not want to refight those battles. He said the information in the Rusher papers may help Alito or it may be the cause for more questions.

Alito said he does not believe he had any "active involvement" with the group.