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November 4, 2005

Nevada leaders weigh in on Alito high court nomination

By THE ASSOCIATED PRESS


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RENO - President Bush's latest nominee to the Supreme Court likely will further divide an already polarized country, several observers and legal experts say.

"It looks like all-out political war," said Richard Siegel, president of the American Civil Liberties Union of Nevada.

Bush chose federal appeals court judge Samuel Alito on Monday to replace retiring Justice Sandra Day O'Connor after his first choice, White House Counsel Harriet Miers, withdrew her name last week under pressure from the conservative right.

Alito immediately drew criticism from Democrats, who said his views on abortion and other controversial issues were too far to the right.

Senate Minority Leader Harry Reid, D-Nev., said his record must be scrutinized to see if he's "too radical for the American people."

Sen. John Ensign, R-Nev., said he needs to learn more about Alito's stance on issues before deciding whether he would support the judge's nomination and urged others to be patient.

"I hope my senate colleagues will join me in calling for a fair and dignified confirmation process," Ensign said.

While many debated Alito's legal opinions, Washoe District Judge Peter Breen said he responded negatively to the choice for a different reason: his gender.

"The one thing I'm disappointed in is that it was not a woman," Breen said the Reno Gazette-Journal. "There's only one there now and I believe in striking balances."

Reid agreed.

"This appointment ignores the value of diverse backgrounds and perspectives on the Supreme Court," he said.

Besides not choosing a woman, Bush "has declined to make history by nominating the first Hispanic to the court. And he has chosen yet another federal appellate judge to join a court that already has eight justices with that narrow background," Reid said.

"President Bush would leave the Supreme Court looking less like America and more like an old boys club."

Fred Lokken, a political science professor at Truckee Meadows Community College, said Alito's credentials outweigh the gender factor.

"The quality of the nominee is beyond reproach," Lokken told the Gazette-Journal. "He's brilliant, fair and conservative but not dogmatically conservative. There's no issue of credibility."

Alito has been on the 3rd U.S. Circuit Court of Appeals in Philadelphia since 1990.

"While there could be some mystery over the last nominee, there's no mystery on this one," Lokken said.

William Dressel, president of the Reno-based National Judicial College, said many of the people who have worked with Alito praise his legal ethic and his clear track record as a constitutional scholar.

"While he's conservative, they say he's fair-minded, open-minded and approaches cases with intellect and a deference to precedence," Dressel said. Whether Alito follows legal precedents will be critical in determining how he might vote on cases that impact a woman's right to chose an abortion, Dressel said.

But Siegel said he questions whether Alito will survive the forces against him, especially because it appears Bush made the choice to appease his conservative supporters.

"I think Bush is less concerned about the defeat of Alito than he is in the consolidation of his base," Siegel said. "He's giving primacy to his base over confirming a nominee."

While Bush may have made a political decision to please his supporters, he's hurting the process, Siegel said.

"I think it's very unfortunate for the country," Siegel said of the nomination. "We needed a candidate who was at least as moderate as (John) Roberts," who was confirmed as chief justice in September.

Information from: Reno Gazette-Journal, http://www.rgj.com










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