Court choice augurs battle-royal

By Matthew Davis
BBC News, Washington

After a week of political derailments, this was President Bush's first attempt at putting the train back on the tracks.

Democrats have already voiced concern at Mr Bush's choice

The nomination of the conservative judge Samuel Alito will galvanize the conservative base of his Republican Party - at a time when his presidency is in trouble.

It also augurs a Supreme Court nomination battle-royal.

Mr Alito is a supporter of restricting, if not abolishing, the right of women to have abortions.

He has also in the past suggested a federal law granting guaranteed unpaid leave to people who have to care for sick relatives was unconstitutional.

On both issues, he was overruled, but if he gets to the Supreme Court he will be in a position to join with other social conservatives to reshape the culture of the nation.

Democrats have already voiced concern that a conservative man could replace a moderate woman, Justice Sandra Day O'Connor, seen as the holder of a crucial swing vote on the bench.

The party's leader in the Senate said the choice could create a lot of problems.

Judicial philosophy

This is a battle both sides may want to fight - a defining battle for each party ahead of next year's mid-term elections.

How the Supreme Court works Profile: Samuel Alito

It is also clear that it will be fought over judicial philosophy, rather than over questions of competence.

Accepting the nomination, Mr Alito spoke of his reverence for the institution of the Supreme Court, recalling the day he argued his first case, more than 23 years ago.

The president said no nominee in the last 70 years had more judicial experience than Mr Alito. His message was clear: This is not a Harriet Miers.

Mr Bush also staked out the timetable. He said he wanted an up or down vote by the end of the year.

It may not be that simple, however.

Recovery difficult

Opposition Democrats lack the Senate seats to defeat the nomination in a straight ballot. But they could try to derail it with parliamentary tactics that infinitely delay an up or down vote.

Yet the president faces a more complex set of problems than just the fight over the Supreme Court.

There is the continuing unpopularity of the war on Iraq, the indictment of the vice-president's top aide Lewis Libby, a looming winter fuel crisis and the costly challenge of rebuilding New Orleans - to name a few.

Analysts suggest that genuine recovery for the president will be a slow and difficult process.

With his Supreme Court nomination, President Bush may have calculated that he needs to shore up support in the Republican heartland before trying to rebuild his reputation with the country as a whole.

For now he will be happy to be fighting Democrats, rather than Republicans.

Yet how he navigates between the right and the centre may determine how much he can achieve during the remainder of his presidency.