Sen. Charles Schumer opening Alito statment

The opening statement of Sen. Charles Schumer, D-N.Y., as prepared for delivery at the confirmation hearing for Judge Samuel Alito to the U.S. Supreme Court.

Judge Alito, welcome to you, Mrs. Alito and your two children. I join my colleagues in congratulating you on your nomination to the position of Associate Justice of the United States Supreme Court.

If confirmed, you will be one of nine people who collectively hold power over everyone who lives in this country. You will define our freedom; you will affect our security; you will shape our law.

You will determine, on some days, where we pray and how we vote; you will define, on other days, when life begins and what our schools may teach; and you will decide, from time to time, who shall live and who shall die.

The decisions are final, and appeals impossible.

That is the awesome responsibility and power of a Supreme Court Justice. It is, therefore, only appropriate that everyone who aspires to that office bear a heavy burden when they come before the Senate and the American people to prove that they are worthy.

But while every Supreme Court nominee has a great burden, yours, Judge Alito, is triply high.

First, because you have been named to replace Justice Sandra Day O'Connor, the pivotal swing vote on a divided Court; second, because you have been picked to placate the extreme right wing after the hasty withdrawal of Harriet Miers; and, finally, because your record of opinions and statements on a number of critical Constitutional questions seems quite extreme.

So, first, as this Committee takes up your nomination, we cannot forget recent history, because that history increases your burden and explains why the American people want us to examine every portion of your record with great care.

Harriet Miers' nomination was blocked by a cadre of conservative critics who undermined her at every turn. She did not get to explain her judicial philosophy; she did not get to testify at a hearing; and she did not get the up-or-down vote on the Senate Floor that her critics are now demanding that you receive.

Why? For the simple reason that those critics could not be sure that her judicial philosophy squared with their extreme political agenda. They seem to be very sure with you.

The same critics who called the President on the carpet for naming Harriet Miers have rolled out the red carpet for you, Judge Alito. We would be remiss if we did not explore why.

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