Graham's opening statement on Alito

Below is the opening statement of Sen. Lindsey Graham, R-S.C., as prepared for delivery at the Supreme Court confirmation hearing for Samuel Alito.

Below is the opening statement of Senator Lindsey Graham, R-SC, as prepared for delivery at the confirmation hearing for Judge Samuel Alito to the United States Supreme Court.

Welcome back, Judge. I'd hate for you to miss my opening statement.

It would be a loss for the ages.

Welcome to the committee. Welcome to one of the most important events in your life.

You've got the people that mean the most here with you today, your family. And I know they're proud of you. And I'm certainly proud of what you have been able to accomplish.

And to say the least, you come to the Senate in interesting political times.

These hearings will be helpful to all of us to find out some issues that are important to us.

We had a talk recently about executive power. That's very important to me. In a time of war, I want the executive branch to have the tools to protect me, my family and my country.

But also I believe even during a time of war, the rule of law applies. And I've got some problems with using a force resolution to the point that future presidents may not be able to get a force resolution from Congress if you interpret it too broadly.

And we've talked about those things and we'll talk more about it.

But I'm going to talk a little bit about some of the points my colleagues have been making.

Everybody knows you're a conservative.

The question is: Are you a mainstream conservative?

Well, the question I have for my colleagues is: Who would you ask to find out? Would you ask Senator Kennedy? Probably not.

If you asked me who a mainstream liberal is, I would be the worst person to pick, because I do not hang out over there.

I expect that most all of us, if not all of us, will vote for you. And I would argue that we represent from the center line to the right ditch in our party and, if all of us vote for you, you've got to be pretty mainstream.

So the answer to the question, "Are you a mainstream conservative?" will soon be known. If every Republican member of the Judiciary Committee votes for you, and you're not mainstream, that means we are not mainstream. It is a word that means what you want it to mean.

Advise and consent means what? Whatever you want it to be. Advise and consent means the process has got to work to the advantage of people I like and with people I don't want on the court, it is a different process. That is politics.

Every senator will have to live within themselves as to what they would like to see happen for the judiciary.

My main concern here is not about you; it's about us. What are we going to be doing as a body to the judiciary when it is all said and done?

Roe v. Wade and abortion: If I wanted to work for Ronald Reagan, one of the things I would tell the Reagan administration is I think Roe v. Wade was wrongly decided. They are likely to hire me because they were trying to prove to the court that the court took away from elected officials a very important right, protecting the unborn.

I was on the news program with Senator Feinstein this weekend, who is a terrific person. She made very emotional, compelling argument that she can remember back alley abortions and women committing suicide when abortion was illegal.

I understand that is very seared in her memory banks and that is important to her. Let me tell you, there's another side to that story. There are millions of Americans -- a bunch of them in South Carolina -- who are heartsick that millions of the unborn children have been sent to a certain death because of what judges have done.

It's a two-sided argument. It's an emotional event in our society.

They're talking about filibustering maybe if you don't give the right answer. Well, what could possibly be the right answer about Roe v. Wade? If you acknowledge it's a precedent the court, well, then you would be right. If you refused to listen to someone who's trying to change the way it's applied or to overturn it and you will say, "Here, I will never listen to them," you might talk me out of voting for you.

I don't think any American should lose the right to challenge any precedent that the Supreme Court has issued because the judge wanted to get on the court.

And you may be a great fan of Roe v. Wade and you think it should be there forever. There may be a case where someone disagrees with that line of reasoning.

What I want from the judge is an understanding that precedent matters but the facts, the brief and the law is what you're going to base your decision on as to whether or not that precedent stands, not some bargain to get on the court.

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