A Stark Division in Vote for Alito

WASHINGTON — After the most partisan Supreme Court battle in more than a decade, Samuel A. Alito Jr. was sworn in Tuesday as the 110th justice on the nation's highest court, where he is expected to usher in a new era of judicial conservatism.

He took the oath minutes after the Senate voted 58 to 42 to confirm him to succeed retiring Justice Sandra Day O'Connor, a Republican nominee who became the court's pivotal swing vote on such issues as abortion and gay rights.

Alito, 55, is the second justice to be confirmed to the Supreme Court in the last five months and is arguably the linchpin in Bush's plans to leave a conservative imprint on the court. By most accounts, Alito is politically to the right of O'Connor, whereas Chief Justice John G. Roberts Jr., who succeeded the late William H. Rehnquist in September, replaced a fellow conservative.

FOR THE RECORD

Alito confirmation -- A front-page article Feb. 1 about the confirmation of Supreme Court Justice Samuel A. Alito Jr. said Chief Justice William H. Rehnquist died in August. Rehnquist died in September.


"A hopeful society depends on courts that deliver equal justice under law," Bush said in his State of the Union address. "The Supreme Court now has two superb new members

Alito attended the speech, dressed in his judicial robes. He was accompanied by Roberts, Thomas and Stephen G. Breyer.

Alito was Bush's third choice to succeed O'Connor, who announced in July that she would retire. The president's first choice was Roberts, but after Rehnquist died in August, he nominated Roberts as chief justice. His second choice was White House Counsel Harriet E. Miers, but she withdrew her name from consideration amid mounting opposition from conservative activists who said she lacked judicial experience.

The Senate's vote on Alito's nomination was one of the most partisan since the Constitution gave the Senate the responsibility of providing "advice and consent" on the appointment of federal judges. Four Democrats voted for Alito; one Republican voted against him.

Thomas is the only justice in American history who received more votes against his confirmation than Alito did. Thomas was confirmed in 1991 by a 52-48 vote.

Democrats said their vote was driven by Alito's 15 years as a judge on the U.S. 3rd Circuit Court of Appeals, where they say he compiled a record of ruling against individual rights and civil liberties in deference to executive authority.

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