'Judicial Restraint' Anticipated with Alito Joining Roberts on High Court
by Jody Brown and Bill Fancher
February 1, 2006
(AgapePress) - - Christian and conservative activists are hailing the confirmation of Samuel Alito as the nation's newest Supreme Court justice. Many are calling it a great step forward, away from judicial activism; others, however, are cautioning that the battle for family advocates and traditionalists is far from over. By a 58-42 vote on Tuesday, Samuel A. Alito, Jr., was confirmed by the U.S. Senate as the 100th justice of the U.S. Supreme Court. Confirmation of the conservative judge came one day after the Senate, by a 72-25 vote, shut down a filibuster attempt by liberal Democrats and sent Alito's nomination to the floor for a vote on Tuesday. The confirmation vote was largely along party lines; but 19 Democrats crossed the lines during Monday's "cloture" vote, joining Republicans in effectively bringing the politically drawn-out process to an end.
Ken Connor of the Center for a Just Society described his feelings about Alito's confirmation. "[We are] tremendously encouraged," Connor offered, "and hopefully [this] means ... that the Supreme Court of the United States will increasingly move into a mode where it simply interprets the law rather than makes the law, and in the process helps preserve the democratic process."
Gary Bauer of Campaign for Working Families concurs. "I fully expect Justice Alito will make a crucial difference [on the court], especially when it comes to ending the high court's hostility to the free exercise of religion in the public square," he says. "But the battle is not over. We are one step closer, but we still do not have a conservative majority on the Supreme Court."
Bauer goes on to describe the current makeup of the high court. Four "liberal" justices -- Stephen Breyer, Ruth Bader Ginsburg, David Souter, and John Paul Stevens; and four "conservative" justices -- Alito, Antonin Scalia, Clarence Thomas, and Chief Justice John Roberts. "That means Justice Anthony Kennedy is the ... swing vote," he adds. Bauer predicts that should President Bush be given the opportunity to fill another vacancy for one of the "liberal" seats, that nominee would surely face the same "unprecedented resistance" encountered by Samuel Alito.
Sean Rushton of the Committee for Justice would like nothing better than for the president to have the chance to put more like-minded jurists on the high court. "We are pleased [with Alito's confirmation]," he offers. "This is a long time in coming -- and hopefully there will be one or two more vacancies in the next three years or so, and we'll have a chance to truly change the direction of the Court in a more constitutionalist direction." Both Alito and Roberts, who was confirmed last fall, are considered to be strict constructionists.
The Confirmation Ordeal
Numerous conservatives like Connor and Bauer have been critical of how Democrats have turned the confirmation process into a political battle instead of the constitutional mandate of "advice and consent." Following Alito's confirmation, several Republican members of the House spoke out on that matter.
"Despite the embarrassing political wrangling of some Democrat[ic] senators during what should have been respectful hearings and process, Samuel Alito has transcended the insults and prevailed to become a [Supreme Court] justice," said Congressman Trent Franks (R-Arizona). Representative Joe Wilson of South Carolina observed that "when faced with partisan bickering and political posturing, [Alito] rose above the rhetoric and exemplified that he is a man of great character and humility."
One Texas congressman aimed his comments at a more select Senate group. Louie Gohmert said that "despite the obstacles, detours, and roadblocks thrown up by a handful of character assassins on the Senate Judiciary Committee, the Senate has confirmed a quality judge .... It is refreshing to see the Senate is putting justice on the Supreme Court who understand its constitutional role."
Eager for 'Judicial Restraint'
It is Alito's reputation as a strict constructionist that has some conservative leaders eagerly anticipating his presence on the high court, particularly when they consider that another jurist with similar credentials -- Chief Justice John Roberts -- already sits on the bench. Dr. Richard Land of the Southern Baptist Convention's Ethics & Religious Liberty Commission believes that those two men's "strongly held views of judicial restraint" bodes well for the country.
"On many occasions," says Land, "members of the Supreme Court felt no compunction about striking down laws -- passed by the people's elected representatives -- that offended their personal sense of right and wrong, as opposed to interpreting the Constitution. Today [with Alito's confirmation], a giant step has been made toward restoring the constitutional balance of powers envisioned by the founders of our nation."
David Bereit, executive director of American Life League, says Alito's record offers pro-lifers "reason for hope and optimism" about the future. "His record suggests that he will help to ensure justice for all Americans -- born and pre-born," says Bereit. "Pro-life Americans are praying [Alito] will live up to his promise, and uphold a strict interpretation of constitutional law -- not legislate from the bench."
The ALL spokesman adds that his organization is "hopeful" Alito will recognize that, when considering all abortion-related decisions before the Supreme Court, nothing in the Constitution gives anyone the right to kill an innocent human being -- by abortion or any other means.
