The Cool Fervor of Judge Alito

(6 of 6)

But following revelations that Bush has allowed the secret surveillance of Americans without warrants, Democrats have shifted their concern to Alito's robust defense of Executive power. In a 2000 speech, for instance, Alito argued that the framers viewed the Executive Branch of government "as necessary to balance the huge power of the legislature and the factions that may gain control over it." Massachusetts Senator Ted Kennedy has said he would question Alito about a 1984 memo in which he argued the Attorney General should be immune from lawsuits even if he authorized illegal domestic wiretapping.

Many Democrats say that while Alito may be mild mannered, his views reflect a conservative activist befitting the "Scalito" moniker that liberals have given him in order to tie him to Supreme Court firebrand Antonin Scalia. White House aides want Alito prepared for a barrage of hostile queries, so he continued last week with practice sessions in a Justice Department conference room and a White House auditorium. Former Solicitor General Ted Olson stopped in to fire questions aimed at sharpening the nominee for surprises. White House officials believe Alito's understatement will play well in such a heated atmosphere. Asked how the Administration plans to handle the theatrics of the hearings, a White House official replied tartly, "Maybe we'll put a cape on him." That might be appropriate dress, because like a superhero, Alito almost seems to have two separate identities. To pass his next job interview, he will have to convince enough Senators that at least one of those two Alitos belongs on the Supreme Court.