WASHINGTON -- The Senate voted Tuesday to confirm Judge Samuel Anthony Alito Jr. to be the 110th justice of the U.S. Supreme Court by a vote of 58-42, following a confirmation process that was marked with sharp partisan debate and a failed attempt at a filibuster.\nAlito, who has 15 years of experience as a circuit court judge, will replace the moderate swing vote on the high court of retiring Justice Sandra Day O'Connor.\nSen. Lincoln Chafee of Rhode Island was the sole Republican who voted against confirmation, while four Democrats joined the Republican majority in approving President Bush's nominee. \nSenators stood to vote from behind their desks and stayed until the vote was tallied rather than voting and leaving, underscoring the importance of the vote.\nDemocratic Sens. John Kerry and Edward Kennedy, both of Massachusetts, attempted to filibuster the nominee but failed Monday when the Senate voted to invoke cloture by a vote of 72-25. \nTwo hours later, Alito was sworn in at the Supreme Court building across from the Capitol by former Bush nominee and now Chief Justice John Roberts.\nIU Law Professor Daniel Conkle said Alito will make a difference on the court as he is replacing a "moderate conservative" and therefore will be less protective of abortion rights. He is also expected to differ from O'Connor when it comes to religious freedom and the issue of separation of church and state. \n"How Judge Alito will actually vote as Justice Alito will remain to be seen," Conkle said. "How a justice will react in terms of his relationship to the institution of the Supreme Court is always an uncertain matter." \nAlito was confirmed by a slimmer margin than Chief Justice John Roberts who was confirmed by a vote of 78-22.\nSen. Richard Lugar, R-Ind., said in a statement, "Judge Alito is a sound choice for Supreme Court Justice with great respect from the American Bar Association and legal community. He performed well in the arduous hearings before the Senate Judiciary Committee."\nSen. Evan Bayh, D-Ind., voted against Alito's confirmation.
\nIn a news conference after the vote, Senate Majority Leader Bill Frist R-Tenn., said the vote is a culmination of what the Senate Judiciary Committee has done to place "principle above partisanship." \n"It is that dignity of having a fair up or down vote that just a year ago, there was great question whether or not this institution would have forever been tamed by obstruction and partisanship," Frist said.
