As supporters and opponents of Supreme Court nominee Samuel Alito prepare for his confirmation hearings early next year, the battle has been joined over whether it's fair game for Democrats to oppose him based on his strongly conservative philosophy alone.
That fight--playing out in television advertisements, public debates and private senatorial meetings--is part of an argument that has intensified as presidents' nomination strategies have shifted, leading them to choose younger, more ideological justices.
Some say it is deeply unfair, and perhaps unconstitutional, to torpedo a nominee based on ideology or philosophy if the person is highly qualified. Others say that because presidents pick nominees based on their ideology, senators are entirely within their rights to reject them for the same reason.
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After meeting with Alito recently, Sen. Charles Schumer (D-N.Y.) said he found the judge to be "bright, capable and down to earth." But he added, "In case after case, Judge Alito seems to find a way to rule on the side of business over the consumer; on the side of the employer over the employee, and often against civil rights, against workers' rights, against women's rights."
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