Battle lines drawn over Supreme Court

By Matthew Davis
BBC News, Washington

Mr Bush said Mr Alito was "one of the most respected" US judges

A bruising week of questioning awaits President Bush's Supreme Court nominee Samuel Alito, whose confirmation hearings begin on Monday.

The clamour of debate over Judge Alito has reached fever pitch in recent days ahead of Senate hearings which some are casting as a battle for the legal soul of the nation.

Opponents fear the appointment of the conservative judge, 55, will trigger a seismic shift to the right in the legal landscape of the US's highest court.

Judge Alito is poised to replace the centrist Justice Sandra Day O'Connor, who was the nine-member court's crucial swing vote on many divisive issues.

ALITO'S APPLICATION FORM Samuel Alito's responses to committee questionnaire Most computers will open this document automatically, but you may need Adobe Reader Download the reader here

Some foresee him joining with other social conservatives on the court to reshape the culture of the nation through rulings on issues like abortion, affirmative action and the death penalty.

But supporters of Judge Alito say he is no ideologue, but a nominee who will ably fulfil President George W Bush's 2004 campaign pledge to appoint a judge who will fairly interpret the law, and not legislate from the bench.

No Harriet Miers

What is clear is that this will be a confirmation hearing fought over judicial philosophy, rather than over questions of competence.

I think he has to answer questions about executive power and his views about executive power, because I think those issues one way or the other are front and centre in terms of the national dialogue and public policy at the present time Senator Edward Kennedy (D) How the Supreme Court works Profile: Samuel Alito

Mr Alito has been a federal appeals court judge since 1990, has previously served as US attorney for New Jersey and was a Reagan administration lawyer.

Last week the American Bar Association gave Judge Alito its highest rating, saying he was "well qualified" to sit on the nation's highest court.

In short, he is no Harriet Miers - the president's personal lawyer who was hounded from the nomination in October amid bipartisan criticism of her lack of judicial experience.

But the judge's lengthy paper trail of opinions will open him up to tough questioning on areas where his largely liberal foes view him as having staked out extreme positions.

Many questions are also likely to focus on a 1985 memo he wrote as a job application within the Reagan administration.

In it the lawyer said he was "particularly proud" of his contributions in cases where the government had argued the Constitution did not protect a woman's right to an abortion.

Democratic Senator Edward Kennedy said Judge Alito would also face pointed questioning about presidential powers.

This is significant because of recent revelations about a domestic spying program conducted by the National Security Agency.

"I think he has to answer questions about executive power and his views about executive power, because I think those issues one way or the other are front and centre in terms of the national dialogue and public policy at the present time," Sen Kennedy told ABC News on Sunday.

Last-minute gaffe

Meanwhile, Republicans - who hold a 55 to 45 seat majority in the 100-seat Senate - are hoping that Judge Alito will gain speedy congressional approval to the court.

Most pundits predict the vote will be closer than the 78-22 vote that saw Judge John Roberts confirmed in September.

But - barring a last minute bombshell or major gaffe - most believe Mr Alito is likely to be confirmed later this month.

That would be a much-needed political victory for the Republican party eyeing its standing ahead of the mid-term elections in November.

Members are still reeling from Tom DeLay's decision to renounce the powerful post of Republican majority leader in the House of Representatives, amid a campaign finance inquiry.

Meanwhile, the president himself will hope the successful appointment of a conservative will galvanise his Republican base as he bids to reinvigorate his second term with the State of the Union in a few weeks' time.

The head of the Judiciary Committee, Senator Arlen Specter, says there is a "heavy sense of drama as these hearings begin".

With so much at stake politically and judicially, the stage is set for what some see as one of the most pivotal and significant hearings in decades.