Alito Would Keep 'open Mind' on Abortion

The US Supreme Court nomination, Samuel Alito, today insisted he had "an open mind" on abortion and that the president must operate within the constitution.

On the second day of his confirmation hearings, George Bush’s nominee said his past anti-abortion writings were simply those of a lawyer representing a client’s interests.

The conservative judge insisted that no president or court is above the law - even in time of war - as he faced members of the Senate’s judiciary committee. Mr Alito, an advocate of broad presidential powers, said he did not believe war allowed the president to bypass the constitution.

"No person is above the law, and that means the president and that means the Supreme Court," he said.

The Democratic senator Edward Kennedy suggested to Mr Alito that his judicial opinions indicated otherwise.

"You give enormous, almost total deference to the exercise of executive power," said the Massachusetts senator. The veteran politician said that was troubling "in an era when the White House is abusing power, is excusing and authorizing torture and is spying on American citizens."

Mr Alito also faced tough questions about his rulings during 15 years on the appeals court circuit and about his writings on telephone wiretaps.

Mr Alito said his writings opposing abortion during his time as a government lawyer in the 1980s reflected an attorney representing a client’s interest and, if confirmed by the Senate, and faced with an abortion case, "I would approach the question with an open mind."

Mr Alito said the court in general should follow its earlier decisions rather than be moved by public opinion in controversial issues such as abortion that come before the highest US court.

"The legitimacy of the court is undermined if it makes its decision based on public perception," Mr Alito said.

Democrats fear that Mr Alito, a conservative judge, could tilt the nine-member Supreme Court sharply to the right. He would replace Sandra Day O’Connor, who has been the swing vote on abortion and other contentious issues.

The 18-member committee, where Republicans hold a 10-8 advantage, will question Mr Alito and other witnesses this week before voting on the nomination. If approved, the nomination would be considered by the full Senate.

Mr Alito, 55, was not Mr Bush’s first choice for the job. He initially nominated Harriet Miers, the White House counsel and a personal friend, but she was forced to withdraw after criticism from conservative groups over her credentials. Democrats in Congress allege that the White House had used the September 11 attacks as a pretext for a stealthy accumulation of extraordinary powers.

Last month, Mr Bush claimed that he had the constitutional authority to order phone taps on US citizens without court approval, but denied he was seeking "unchecked power".