QUOTE
Feingold and Kohl say they're undecided on Alito
By Frederic J. Frommer
Associated Press
WASHINGTON - Sens. Herb Kohl and Russ Feingold say they remain undecided on the nomination of Samuel Alito to the Supreme Court, although both Wisconsin Democrats said they found some of his responses troubling after three rounds of questioning.
"There were some things that I really was hoping to hear that I've not heard yet," Feingold told reporters, "especially with regard to executive power in times of war, and issues of capital punishment, and the right to privacy.
"I keep listening for stronger answers, and have been concerned about the answers."
At Thursday's Senate Judiciary Committee hearing, Feingold asked Alito if presidents can claim inherent power to disregard laws passed by Congress. President Bush has asserted that his constitutional powers as president and commander in chief allowed him to authorize a domestic surveillance program without a court order; Feingold has argued that Bush appears to have broken the law.
Alito demurred, saying he'd have to be presented with the facts of a specific case and wasn't sure whether the court could resolve it.
"It really troubles me that the Supreme Court could possibly not help us resolve this," Feingold responded.
Feingold, a death penalty opponent, said he was also frustrated by Alito's refusal to say that an innocent person has the constitutional right not to be executed. He asked Alito about this Thursday in the context of a hypothetical case where a person was sentenced to death in a procedurally perfect trial, but evidence later proved the person innocent.
Alito said that such a person would have to file a petition with the court, but stopped short of saying that person had a constitutional right not be executed.
And on Roe v. Wade, the Supreme Court decision legalizing abortion, Feingold said, "It seems to me he's got a rather unconvincing view of how strong of a precedent that is. It seems to me that he is straining to state the least strong view of that possible."
Kohl, who like Feingold supports abortion rights, said that Alito did not go as far as Chief Justice Roberts on Roe v. Wade.
"Justice Roberts was willing to call it settled law" in his confirmation hearings, Kohl said in an interview. Alito, on the other hand, declined to use that characterization under repeated questioning from Democrats.
Kohl said that Alito's views on Roe v. Wade, along with his positions on voting rights, employment discrimination and other issues, would be factors in his vote.
At the hearing Thursday, the final day of questioning, Kohl noted that Alito would replace Justice Sandra Day O'Connor, who was often in the middle of the court's ideological spectrum.
"Do you see yourself as a justice, if you're confirmed, who in many ways will fill the same role as Justice O'Connor has filled?" Kohl asked.
"I think that anybody who is appointed to any judicial position has to be himself or herself," Alito responded. "And I don't think that anybody can try to replace the person or can duplicate the approach of the person who that person is replacing."
He added that he would try to emulate O'Connor's dedication and integrity.
Judiciary Committee senators will meet next Tuesday to begin debating the 55-year-old federal judge's nomination.
Both Feingold and Kohl said there were positive aspects of Alito's appearance before the committee.
"I think this is a good man," Feingold said. "He certainly is sincere ... I didn't always find the answers helpful, but he wasn't trying to filibuster. He wasn't trying to eat up the clock, which I appreciate.
"But in the end, those are good things, but they do not override the question of what kind of justice he would be," he added.
Kohl called Alito "an intelligent man, an experienced individual. His character is fine. But the key question is his philosophy, and what kind of justice he's likely to be."
Both Feingold and Kohl voted to confirm Roberts last year, but the Alito nomination is shaping up to be far more divisive.
By Frederic J. Frommer
Associated Press
WASHINGTON - Sens. Herb Kohl and Russ Feingold say they remain undecided on the nomination of Samuel Alito to the Supreme Court, although both Wisconsin Democrats said they found some of his responses troubling after three rounds of questioning.
"There were some things that I really was hoping to hear that I've not heard yet," Feingold told reporters, "especially with regard to executive power in times of war, and issues of capital punishment, and the right to privacy.
"I keep listening for stronger answers, and have been concerned about the answers."
At Thursday's Senate Judiciary Committee hearing, Feingold asked Alito if presidents can claim inherent power to disregard laws passed by Congress. President Bush has asserted that his constitutional powers as president and commander in chief allowed him to authorize a domestic surveillance program without a court order; Feingold has argued that Bush appears to have broken the law.
Alito demurred, saying he'd have to be presented with the facts of a specific case and wasn't sure whether the court could resolve it.
"It really troubles me that the Supreme Court could possibly not help us resolve this," Feingold responded.
Feingold, a death penalty opponent, said he was also frustrated by Alito's refusal to say that an innocent person has the constitutional right not to be executed. He asked Alito about this Thursday in the context of a hypothetical case where a person was sentenced to death in a procedurally perfect trial, but evidence later proved the person innocent.
Alito said that such a person would have to file a petition with the court, but stopped short of saying that person had a constitutional right not be executed.
And on Roe v. Wade, the Supreme Court decision legalizing abortion, Feingold said, "It seems to me he's got a rather unconvincing view of how strong of a precedent that is. It seems to me that he is straining to state the least strong view of that possible."
Kohl, who like Feingold supports abortion rights, said that Alito did not go as far as Chief Justice Roberts on Roe v. Wade.
"Justice Roberts was willing to call it settled law" in his confirmation hearings, Kohl said in an interview. Alito, on the other hand, declined to use that characterization under repeated questioning from Democrats.
Kohl said that Alito's views on Roe v. Wade, along with his positions on voting rights, employment discrimination and other issues, would be factors in his vote.
At the hearing Thursday, the final day of questioning, Kohl noted that Alito would replace Justice Sandra Day O'Connor, who was often in the middle of the court's ideological spectrum.
"Do you see yourself as a justice, if you're confirmed, who in many ways will fill the same role as Justice O'Connor has filled?" Kohl asked.
"I think that anybody who is appointed to any judicial position has to be himself or herself," Alito responded. "And I don't think that anybody can try to replace the person or can duplicate the approach of the person who that person is replacing."
He added that he would try to emulate O'Connor's dedication and integrity.
Judiciary Committee senators will meet next Tuesday to begin debating the 55-year-old federal judge's nomination.
Both Feingold and Kohl said there were positive aspects of Alito's appearance before the committee.
"I think this is a good man," Feingold said. "He certainly is sincere ... I didn't always find the answers helpful, but he wasn't trying to filibuster. He wasn't trying to eat up the clock, which I appreciate.
"But in the end, those are good things, but they do not override the question of what kind of justice he would be," he added.
Kohl called Alito "an intelligent man, an experienced individual. His character is fine. But the key question is his philosophy, and what kind of justice he's likely to be."
Both Feingold and Kohl voted to confirm Roberts last year, but the Alito nomination is shaping up to be far more divisive.