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U.S. Supreme Court

Alito, Democrats spar; wife walks out in tears

WASHINGTON - Supreme Court nominee Samuel Alito turned aside Democratic attacks on his judicial record and credibility at contentious confirmation hearings Wednesday that left his wife in tears.

"If I'm confirmed I'll be myself," said Alito, a 15-year veteran of a federal appeals court, named to succeed Justice Sandra Day O'Connor for a swing seat on the high court.

Challenged by Democrats, Alito repeatedly said he had no memory of involvement with the conservative Concerned Alumni of Princeton, though he highlighted his membership in a 1985 job application for the Reagan administration.

He repudiated the opinions expressed in articles in the organization's magazine. "They're not my views. . . . I deplore them," he said of writing that contained material that was racist, sexist and homophobic.

Under persistent questioning, Alito also declined for a second straight day to say whether he believes, as he did in 1985, that the Constitution contains no right to an abortion. "I don't think it's appropriate for me to speak about issues that could realistically come up" before the courts, he said.

Alito, 55, was unflappable for hours on end in marathon questioning before the Senate Judiciary Committee. But his wife, Martha-Ann Bomgardner, grew emotional near the end of the day and left the room weeping.

"Judge Alito, I'm sorry that you've had to go through this. I am sorry that your family has had to sit here and listen to this," said Sen. Lindsey Graham. A moment earlier, the South Carolina Republican had offered Alito a chance to defend his integrity, asking whether he was a "closet bigot."

"I'm not any kind of bigot, I'm not," said Alito.

"No sir, you're not," Graham agreed.

Alito's wife returned with him after a brief recess.

The nominee commands the support of all 10 Republicans on the Senate Judiciary Committee, and while the Democrats could delay his approval by the panel they cannot block it. His prospects for confirmation by the full Senate are also strong, although Democrats have not ruled out the possibility of a filibuster that could require supporters to post 60 votes in the 100-member chamber.

Unlike Chief Justice John Roberts last fall, Alito may draw the opposition of all eight Democrats on the Judiciary panel, and partisan maneuvering was evident Wednesday.

Questions about abortion triggered one exchange. Sen. Richard Durbin, D-Ill., who supports abortion rights, told Alito that his 1985 written view on abortion "does not evidence an open mind. It evidences a mind that sadly is closed in some areas."

Republican Sen. Tom Coburn of Oklahoma, however, then pointed out that Durbin had himself changed his mind on abortion.

"For 45 years, Sen. Durbin was adamantly pro-life, and he wrote multiple, multiple letters expressing that up until 1989," Coburn said.

[Last modified January 12, 2006, 01:26:11]