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Bar association's highest rating to boost Alito before hearings

Group says nominee for Supreme Court is well-qualified

07:30 PM CST on Wednesday, January 4, 2006

Associated Press

WASHINGTON – Judge Samuel Alito on Wednesday gained the American Bar Association's highest rating for a Supreme Court nominee, giving him a boost before next week's Senate confirmation hearings.

Interest groups now will try to help or hinder Judge Alito's chances by spending hundreds of thousands of dollars on television, radio and Internet ads nationwide and in the states of key senators, before and during the Senate Judiciary Committee's hearings.

This is the second time the ABA, the nation's largest lawyers' organization, has rated Judge Alito, who was nominated by President Bush on Oct. 31 as the replacement for retiring Justice Sandra Day O'Connor.

The "well qualified" rating – the highest – is the same one that he earned in 1990 when President Bush's father nominated him to the 3rd U.S. Circuit Court of Appeals.

Embracing the latest rating, White House spokesman Scott McClellan said, "Leading Senate Democrats have said in the past that the ABA is the – quote – gold standard for evaluating judicial nominees."

Democrats, the Senate's minority party, contend Judge Alito is too conservative and could undermine abortion rights – a pivotal issue before the Supreme Court. They are expected to be the jurist's toughest questioners at the hearings that begin Monday.

"The ABA ratings do not take into account whether a judge's judicial philosophy and views are in or out of the broad mainstream," said Sen. Charles Schumer, D-N.Y.

The ABA's Standing Committee on Federal Judiciary came up with the rating after confidential interviews with hundreds of Judge Alito's colleagues and a review of his writings.

PAST ABA RATINGS
Here are American Bar Association ratings of Supreme Court nominees over the past three decades. The rating categories are well-qualified, qualified and not qualified.
Candidate Year Action
Harriet Miers 2005 Withdrew nomination before receiving ABA rating
Chief Justice John Roberts 2005 Unanimous well-qualified
Justice Stephen Breyer 1994 Unanimous well-qualified
Justice Ruth Bader Ginsburg 1993 Unanimous well-qualified
Justice Clarence Thomas 1991 12 votes for qualified, two votes for not qualified and one recusal.
Justice David Souter 1990 Unanimous well-qualified
Justice Anthony Kennedy 1987 Unanimous well-qualified
Douglas Ginsburg 1987 Withdrew nomination before receiving ABA rating
Robert Bork 1987 Majority well-qualified, four votes for not qualified. Mr. Bork was rejected by the Senate.
Justice Antonin Scalia 1986 Unanimous well-qualified
Justice Sandra Day O'Connor 1981 Well-qualified on judicial temperament and integrity; qualified on professional competence
Justice John Paul Stevens 1975 Unanimous well-qualified
SOURCE: American Bar Association
 

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