US: Senate Democrats have told President George W Bush's latest nominee to the Supreme Court that they have doubts about his commitment to individual rights and his attitude to presidential power.
On the first day of Judge Samuel Alito's confirmation hearing before the Senate judiciary committee, Democrats said he would face tough questions about abortion, civil rights and his own ethical standards.
Senator Edward Kennedy said recent revelations about Mr Bush's authorisation of wiretapping without warrants highlighted the need for an alert judiciary to act as a check on executive power.
"I am gravely concerned by Judge Alito's clear record of support for vast presidential authority, unchecked by the other two branches of government," Mr Kennedy said.
"In decision after decision on the bench, he has excused abusive actions by the authorities that intrude on the personal privacy and freedoms of average Americans . . . the Supreme Court must serve as an independent check on abuses by the executive branch and a protector of our liberties, not as a cheerleader for an imperial presidency."
Republicans emphasised Judge Alito's undisputed legal expertise and warned Democrats against rejecting him simply because he is conservative. They said that he should not answer questions about his attitude to cases that could come before the Supreme Court in future.
Democrats made it clear however they would hold the nominee to account for his 15-year record as a judge and would question him about a 1985 application for a job in the Reagan administration. In it he said: "I am particularly proud of my contributions in recent cases in which the government has argued in the Supreme Court that racial and ethnic quotas should not be allowed and that the constitution does not protect a right to an abortion."
Before Judge Alito was confirmed as a federal judge 15 years ago, he promised the Senate judiciary committee that he would excuse himself from all cases involving the Vanguard Group or Smith Barney, firms which have handled some of his investments.
However, he ruled in a 1996 case involving Smith Barney and in a 2002 case involving Vanguard. Democrats accept that he did not profit personally as a result but they complained yesterday that Judge Alito's explanations of why he broke his promise were unsatisfactory.
Joseph Biden told Judge Alito that his confirmation could prove to be a turning point for the Supreme Court as the US debates fundamental questions about rights of states and the adaptability of the constitution to changing times.
The eight Democrats on the committee appear to be gearing up to vote against Judge Alito's confirmation, with the 10 Republicans set to vote in favour.
After the hearing, the full Senate will vote on the nomination and although Republicans are in a majority, Democrats have not ruled out blocking the confirmation through a filibuster if they can secure the votes to do so.