Durbin's opening statement on Alito

The courage of federal Judge Frank Johnson, whom we talked about, is well-known as well. He was the one that gave the legal authority for the right to march from Selma to Montgomery, and he suffered dearly for it. He was ostracized and rejected. His life was threatened as a result of it.

When we met in our office, Judge Alito, you told me about how your father as a college student was almost expelled for standing up to the college president who decided that the school basketball team should not use its African-American players against an all-white opponent. That university president didn't want to offend their all- white opponent. But your dad stood up and you were so proud of that moment in your family history.

I admire your father's courage as well. But just as we do not hold the son responsible for the sins of the father, neither can we credit the sun for the courage of the father.

As Supreme Court justice, would you have the courage to stand up for civil rights even if it's unpopular?

We want to understand what you meant in 1985 when you said from the heart that you disagreed with the Warren court on reapportionment, the one-man, one-vote decision.

That was a civil rights decision.

We want you to explain your membership in an organization that you highlighted at Princeton University that tried to challenge the admission of women and minorities.

And I think we want to make certain of one thing: We want to make certain that every American who stood in silent tribute to Rosa Parks hopes that you will break your silence and speak out clearly for the civil rights that define our unity as a nation.

There have been many controversial cases alluded here. Some people have questioned: What's the difference? What difference in my life does it make if Sam Alito is on the bench or if he isn't Why would I care if it's a narrow interpretation or a broad interpretation of the law? How does it affect my life?

We know it affects everyone's life. We were reminded just very recently with a tragedy that was in the headlines. In one of your dissents, you would have allowed a Pennsylvania coal mine to escape worker safety and health requirements required by federal law. Last week's tragedy at the Sago mine reminds us that such a decision could have life-and-death consequences.

Judge Alito, millions of Americans are concerned about your nomination. They're worried that you would be a judicial activist who would restrict our rights and freedoms. During your hearing, you'll have a chance to respond, and I hope you do.

More than any recent nominee, your speeches, your writings, your judicial opinions make it clear that you have the burden to prove to the American people that you would not come to the Supreme Court with any political agenda. Clear and candid answers are all that we ask.

I sincerely hope you can convince the United States Senate and the American people that you will be a fifth vote on the Supreme Court that the American people can trust to protect our most basic important freedoms and preserve our time-honored values.

Thank you very much.

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