From Deseret News archives:

Fight looms over court choice

Conservatives hail, Democrats assail nomination of Alisto to Supreme Court

Published: Monday, Oct. 31, 2005 11:38 p.m. MST
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But the president's choice of Alito was made from what appeared to be a post-Miers position of political weakness and represented an effort to restore solidarity with his most conservative supporters.

It was those conservatives who helped bring down the Miers' nomination, and whose support Bush needs as he negotiates the shoals of an unpopular war in Iraq, criticism over his administration's response to hurricane disasters and a CIA leak scandal that resulted in the indictment of Vice President Cheney's chief of staff, Lewis "Scooter" Libby, on Friday.

Under pressure from the right, Bush gave up the chance to bring diversity to the high court. Both the retiring O'Connor and Bush's wife, Laura, had publicly recommended that he choose a woman.

Bush "missed a golden opportunity to put a woman on the court, or a Hispanic," Reid told reporters. With his Ivy League education and long court experience, Alito is "another person who just fits the mold" of those already on the Supreme Court, he said. Instead, Reid said, Bush chose "to placate the radical right."

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Lori Shaw, a law professor at the University of Dayton Law School in Ohio, said she was disappointed. "There should be a diversity of viewpoints on the court. I don't think you should say this is the women's slot," she said, but "there are vast numbers of women who are sitting on the bench today who have all the qualifications you would want in a judge. I'm struggling to understand why that didn't happen."

For Bush, a bruising confirmation battle might not be all bad. It could drive the indictment of Libby from front pages. And seeing the president fight for a conservative judge might mitigate the worries of conservatives worried about rising federal government spending or the progress of the war in Iraq.

Sen. Orrin Hatch, R-Utah, warned against a filibuster. "Democrats have to be very careful," he said. "If (Alito) is treated badly, they're in big trouble."

Alito's name had long been near the top of Bush's list of potential Supreme Court picks. Bush interviewed him at the beginning of the search process after O'Connor announced her retirement plans July 1. White House chief of staff Andrew Card interviewed Alito on Thursday and Friday, and Bush called him on Friday.

The president offered the job to Alito at 7 a.m. Monday and made the announcement in the White House shortly after 8 a.m.

In contrast to earlier choices, Democrats were left out of the loop. Asked whether he'd been consulted, Reid said, "Zero. Absolutely nothing." When Card called to inform him of the choice on Monday morning, Reid had already heard it on the news.

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Ron Edmonds, Associated Press

President Bush looks on as Samuel Alito speaks Monday after being nominated to the Supreme Court.

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