Alito: No Right To Abortion

Crossposted From Stop The ACLU

Washington Times

Judge Samuel A. Alito Jr., President Bush's Supreme Court nominee, wrote that "the Constitution does not protect a right to an abortion" in a 1985 document obtained by The Washington Times.
"I personally believe very strongly" in this legal position, Mr. Alito wrote on his application to become deputy assistant to Attorney General Edwin I. Meese III.
The document, which is likely to inflame liberals who oppose Judge Alito's nomination to the Supreme Court, is among many that the White House will release today from the Ronald Reagan Presidential Library.
In direct, unambiguous language, the young career lawyer who served as assistant to Solicitor General Rex E. Lee, demonstrated his conservative bona fides as he sought to become a political appointee in the Reagan administration.
"I am and always have been a conservative," he wrote in an attachment to the noncareer appointment form that he sent to the Presidential Personnel Office. "I am a lifelong registered Republican."
But his statements against abortion and affirmative action might cause him headaches from Democrats and liberals as he prepares for confirmation hearings before the Senate Judiciary Committee, scheduled for January.
"It has been an honor and source of personal satisfaction for me to serve in the office of the Solicitor General during President Reagan's administration and to help to advance legal positions in which I personally believe very strongly," he wrote.
"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."
A leading Republican involved in the nomination process insisted that this does not prove Judge Alito, if confirmed to the Supreme Court, will overturn Roe v. Wade, the landmark 1973 Supreme Court ruling that made abortion a constitutional right.
"No, it proves no such thing," said the Republican, who spoke on the condition of anonymity. "In fact, if you look at some of the quotes of his former law clerks, they don't believe that he'll overturn Roe v. Wade."
Judge Alito sided with abortion proponents in three of four rulings during his 15 years as a judge on the 3rd U.S. Circuit Court of Appeals in Philadelphia, usually based on existing law and technical legal issues rather than the right to abortion itself.
"The issue is not Judge Alito's political views during the Reagan administration 20 years ago," the Republican official said. "It's his 15 years of jurisprudence, which can be evaluated in hundreds of opinions. And in none of those opinions is it evident what his political philosophy is.

Why he needs an apologist on this postition has me scratching my head. Ruth Bader Ginsburg had no apologies in her long history of liberal activism. Jurisprudence is the buzz word. Just note, these are his personal opinions. Not that it matters, I predict you will soon be hearing a lot of whining from the left. Don't count out that ugly fight. We may just see the left try and use that filibuster stuff just yet. Women's rights is what we will hear a lot of crying about. Be ready for Kennedy to start screaming, and liberal activist groups to go nuts. Oh, and by the way, he's absolutely right....abortion is not a right.