It took mere minutes for a partisan divide to open over Samuel Alito. Even as President George W. Bush was introducing the Third Circuit Appeals Court judge as his pick to replace Justice Sandra Day O'Connor on the Supreme Court, political activists on the Right and Left were girding for battle over Alito's positions on civil rights, affirmative action, and abortion.
But one group is breathing a big sigh of relief: Corporate America. Of the dozen or so names on Bush's rumored short list of high court candidates, Alito ranked near the top for the boardroom set.
In the 800-plus opinions he has penned during his 15 years as a federal judge, Alito consistently has come down on the side of limiting corporate liability, limiting employee rights, and limiting federal regulation. "He would be a liability restrainer," says Stan Anderson, legal-affairs lobbyist for the U.S. Chamber of Commerce.
Philosophically, Alito is described as a strict constructionist on constitutional law, sticking to the text of the law and the intent of legislators at the time the law was written. That's good news for social conservatives, who had drawn knives against Bush's previous nominee for the O'Connor seat, White House counsel Harriet Miers. Miers withdrew from consideration on Oct. 27, after the conservative punditocracy skewered her as a legal lightweight with a skimpy record.
"SCALITO"? And Alito stands in contrast to John Roberts, who tried to dispel notions that he was a strict constructionist during his Senate confirmation hearings to Chief Justice of the Supreme Court (see BW Online, 9/14/05, "Roberts Robes Himself in Pragmatism").
Although he has never been in business, Alito's long record sets off few alarm bells with corporate groups. After g ...