What the Alito hearings
say about life in Washington D.C.

"In a battle of wits, you're unarmed." G. Gordon Liddy.

There are days I wish I were a reporter again. Watching the Samuel Alito confirmation hearings is not one of them.

Don't get me wrong -- at UPI, I spent a lot of time covering the 4th U.S. Circuit Court of Appeals in Richmond and I enjoyed it immensely. Big issues, big ideas, smart people, leading questions; great stuff, really.

The problem with the Alito hearings is it is hard to think of a situation where the stakes could be higher and the level of debate lower. Judge Alito knows much more about the law than the people asking the questions -- even when the questions are good. So he generally eats them for lunch.

My feeling is it says more about the senators than the judge.

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Saw Carl Bernstein, the Watergate reporter, on cable the other night, and he flatly declared that Washington doesn't work anymore -- that it's money represented in Washington, not people. This is something I've preached for years; I was surprised to hear someone inside the Beltway say such a thing.

The brewing Jack Abramoff influence-peddling scandal is a prime example, but it's worth remembering Abramoff is merely one of 14,000 registered lobbyists. An astounding $2 billion is spent each year on lobbying in Washington, and I suspect few Americans would guess the total is anywhere near that amount.

I also suspect few Americans realize what a political-industrial complex is involved in Alito's hearings, the handlers and advisors on both the right and left. The amount of research on both sides -- the left looking for smoking guns, the right looking for effective defenses -- is nothing short of astounding, and here's the crux of what they've found.

Samuel Alito is a conservative.

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Former Chief Justice William Rehnquist once asked his law clerks for the single most important word in their field of work. Justice, they said. Liberty. Equality. Rehnquist quietly corrected them.

"It's 'five,'" he said. "You need five votes."

Alito will be the fifth vote on a number of issues just as Sandra Day O'Connor was the fifth vote on a number of issues. Thing is, his vote will swing decisions in ways opposite of O'Connor. The abortion issue may get the most press, but there are countless other shifts coming, especially in terms of expanded presidential power and reduced Congressional power -- especially in terms of environmental protection.

These issues were essentially settled in the presidential election; the president has the right to nominate his own choices and the Senate has the duty to confirm or reject. It's a cruel irony that Democrats represent more people in the Senate than Republicans -- some 40 million more -- yet have 10 fewer votes.

It's pretty pathetic that Democrats on the Senate Judiciary Committe have spent so much time looking for a "gotcha," especially when you consider the judge has already been thoroughly vetted by the FBI. There were substantive issues to address.

What it shows in the end is an old reporter's rule of covering a legislature. Power doesn't come from what you can get passed, power comes from what you can kill -- especially in committee. A classic example of how the Senate has slipped in stature came when Ohio Sen. George Voinovich had a chance to kill the nomination of U.N. Ambassador John Bolton, and he didn't have the stones to do it. Quite simply, there aren't any Jesse Helms running around anymore.

History shows most Americans believe in a balance of power, and that the ideal Supreme Court would have three on the right, three on the left, three in the middle and spirited discussions behind closed doors. With Alito's ascension, Republicans will hold pretty much everything of power in Washington, and history suggests that will begin a backlash. You can expect Democratic gains in elections this fall, you can expect Democratic gains if abortion rights take a hit, and you can expect another swing in the pendulum.

Just not in time to block Alito.

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