Document Reveals Clear Opposition to Abortion by High Court Nominee Alito
In 1985, Supreme Court nominee Judge Samuel Alito expressed clearly conservative judicial and political philosophies, according to a newly released document.
In 1985, Supreme Court nominee Judge Samuel Alito expressed clearly conservative judicial and political philosophies, including a belief that the constitution did not protect abortion, according to a newly released document.
In the document, released on Monday, Alito expressed "personal satisfaction" for being able to help “advance legal positions in which I personally believe very strongly" while working as an attorney within the Reagan administration.
The letter was an application for a job as a deputy attorney general for the Justice department.
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"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," wrote Alito in November of 1985. The document was one in more than 100 pages of information released on Alito by the Ronald Reagan Presidential Library and the George H.W. Bush Presidential Library.
In recent meetings with lawmakers on Capitol Hill, senators say that Alito, 55, expressed respect for precedent regarding the Roe v. Wade Supreme Court decision that legalized abortion nationwide, but did not commit to upholding the decision. He was also noted for stating that even if a case was wrongly decided in the past it was not sufficient reason to overturn it.
In his 15 year judicial career on the Courts of Appeal, Alito ruled on several abortion cases. In three of four major cases, he ruled in favor of upholding the precedent established by the Supreme Court. In the other he said it was legal for the state of Pennsylvania to pass a law that required that a wife inform her husband before obtaining an abortion.
That view “does not tell us how he will rule on specific cases that come before the court,” said Wendy E. Long, counsel to the Judicial Confirmation Network, which has supported the Alito Nomination.
Sen. John Cornyn (R-Texas) told the Los Angeles Times that what mattered was if Alito could put aside his personal views and rely on the constitution to judge.
“His long track record as a federal appeals court judge shows that he has indeed put his personal views on abortion aside, and I have every confidence he will continue to do so if he is confirmed to the United States Supreme Court.”
Echoing many statements of conservatives in the letter, Alito also expressed dissatisfaction with the courts, which he said were wrongfully taking up a legislative role.
"In the field of law, I disagree strenuously with the usurpation by the judiciary of decision-making authority that should be exercised by the branches of government responsible to the electorate."
Jay Sekulow, chief counsel for the American Center for Law and Justice said that more than focusing on his personal views, Alito’s judicial record should be taken into account. He noted that current Justices Stephen Breyer and Ruth Bader Ginsburg had also expressed views on abortion before being confirmed. They both favored it.
“A statement by Judge Alito two decades ago questioning the constitutionality of the right to an abortion cannot be used to disqualify him for a seat on the high court. The Senate should focus on Judge Alito’s judicial philosophy and his 15-year record of service on the U.S. Court of Appeals for the Third Circuit.”
