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U.S. Supreme Court

Thick briefing book defends nominee

WASHINGTON - Supreme Court nominee Samuel Alito's opinions on abortion, discrimination and other contentious issues are the work of a mainstream jurist, not an ideologue as alleged by critics, the White House says in a voluminous briefing book for Republican senators.

Alito's dissent in a 1991 abortion ruling showed "concern for the safety of women," the material says. By approving a requirement for spousal notification, he "reflected the position advanced by the Democratic governor of Pennsylvania."

A 1996 dissent in a sex discrimination case in which Alito sided with the employer shows he "simply questioned the wisdom of a "blanket rule' " on dismissing such complaints before trial, in the White House view.

Bush nominated Alito, a judge on the 3rd U.S. Circuit Court of Appeals, to succeed retiring Justice Sandra Day O'Connor. Confirmation hearings before the Senate Judiciary Committee are scheduled to begin Jan. 9.

O'Connor often has cast the swing vote on 5-4 rulings on abortion and other issues, highlighting the importance of Alito's nomination for conservative groups eager to usher in a new era at the court and for liberals who claim Alito would push it to the right.

The White House compilation systematically lays out anticipated criticism of Alito on abortion, free speech, civil rights, religious liberties and other topics, then counters them in language that senators or other supporters might use in public. The bulk of the material is made up of legal citations.

The Associated Press obtained a copy of the "Judge Samuel A. Alito Briefing Binder," which contains about 600 pages.

In the case most frequently cited by critics who say he would roll back abortion rights, Alito is described as mindful of the trouble his view could cause women who seek abortions despite their husbands' objections.

"The plight of any women, no matter how few, who may suffer physical abuse or other harm as a result of this provision is a matter of grave concern," he wrote in his dissent.

Even so, he supported the requirement, arguing that whether the state legislature's approach was sound policy "is not a question for us to decide."

Alito's position was in the minority on the 3rd Circuit.

The briefing book includes such opinions as a "restrained approach to judging and his adherence to the rule of law," and says it showed Alito struggling conscientiously to apply precedent.

On workplace discrimination, the material says, "Judge Alito has rejected a one-size-fits-all approach." Apart from the case in which Alito sided with the company while the court ruled for the employee, the White House summarized five other cases in which he joined unanimous decisions favoring employees alleging workplace discrimination or harassment.

The White House also says that Alito has operated within Supreme Court precedents on states' rights and congressional power.

On the issue of free speech, White House officials rebutted the allegation that Alito "is an ideological conservative who would be too deferential to the government and do too little to protect the First Amendment right to free speech."

The White House cited Alito's opinion in a unanimous ruling in 2004 that struck down a Pennsylvania law prohibiting student newspapers from running advertisements for alcohol.

[Last modified November 6, 2005, 02:15:12]