Posted by Mark J. Pelavin, Associate Director

Yesterday was the first day of the hearings on the nomination of Judge Samuel Alito to the U.S. Supreme Court. All 18 members of the Senate Judiciary Committee made opening statements, as did Judge Alito. There were no questions and answers; just speeches.

For political junkies, and fans of political theatre, Supreme Court nomination hearings are like the Superbowl; the stakes are very high, there is the potential for great drama, it’s an opportunity to see some of the best in the game in action, and even non-fans are paying attention. Today, though, was more like the four hours of “pre-game” show before the game!

At the risk of causing analogy whiplash, it was, in fact, like the overture to a Broadway musical. The various themes were introduced, and we had a chance to get acquainted with them, knowing that they will be more fully developed over the next few days.

What are those themes? On the Republican side, the emphasis was on process. With the (very important) exception of Chairman Arlen Specter, the Republican Senators focused their comments on telling Judge Alito that he should not feel obligated to provide too detailed answers, and that many questions were simply out of bounds. The Democrats, to no one’s surprise, disagreed. Led on this point by Senator Charles Schumer, they empathized the importance of a lifetime appointment to the nation’s highest court, and told Judge Alito that they would expect him to discuss, in detail, issues and subjects on which he has already expressed a view (either from judicial opinions or memoranda written while he worked at the Department of Justice).

As for substantial areas of concern, we can expect intense questioning about abortion rights, the scope of Executive power, civil liberties, affirmative action, and the separation of church and state. Each of these critical topics were introduced yesterday, and each of them will be the subject of what promises to be heated questioning (even if the answers are less-than-heated).

The players are all in their places. The overture has been completed. Today, as Committee members ask their first questions of Judge Alito, the curtain will rise.