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The Honolulu Advertiser
Posted on: Friday, January 27, 2006

Alito nomination 'falls short' for Inouye, Akaka

By Dennis Camire
Advertiser Washington Bureau

WASHINGTON — Hawai'i's two Democratic senators said yesterday they will vote against the confirmation of Supreme Court nominee Samuel Alito.

On the Senate floor, Daniel K. Inouye said he studied Alito's record and measured it against the Supreme Court's duties.

"I discern a man who would fundamentally rewrite the interpretation of our Constitution and leave in doubt the legacy of freedom it was meant to preserve," Inouye said. "Regretfully, I conclude that Judge Alito falls short."

Inouye said his "greatest area of doubt" about Alito was the judge's preference for expanding the president's power by relaxing the checks and balances the Constitution places on the executive branch.

"Judge Alito's record suggests that he holds his personal beliefs on expanding the president's power so strongly that they might come before the call of justice," Inouye said. "Accordingly, I have concluded that I must oppose his nomination."

Daniel K. Akaka said Alito's record shows he has made it difficult for victims of discrimination to prevail or receive a jury trial. Alito has ruled to undermine Congress' authority to protect the public in cases involving the Family and Medical Leave Act and the federal ban on machine guns, he said.

"Although during his hearing, Judge Alito promised that he would not legislate from the bench, his record indicates otherwise," Akaka said. "I cannot support Judge Alito's nomination."

Reach Dennis Camire at dcamire@gns.gannett.com.