The Tar Pit

Monday, November 14, 2005

Alito: no Constitutional "right to an abortion" -- Open Tar Pit #2

In this morning's Washington Times, Bill Sammons reports Reagan Era writings in which U.S. Supreme Court nominee Samuel Alito rejected abortion as a right

"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."


Although Judge Alito's conservatism has not been particularly evident in his legal rulings, it was abundantly clear in his job application 20 years ago.

"I believe very strongly in limited government, federalism, free enterprise, the supremacy of the elected branches of government, the need for a strong defense and effective law enforcement, and the legitimacy of a government role in protecting traditional values," he wrote.

"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," he added.

Hat tip: Hugh Hewitt, who observes:

This document raises the stakes dramatically for the left, because while the twenty-year old job application says nothing about how Judge Alito would rule as Justice Alito, it does present the first ever case of a nominee with a decisive declaration on the subject of Roe. If Judge Alito is confirmed with such a declaration in his past, it will be a significent alteration in assumed dynamics of SCOTUS nominations.

All in good fun, Professor Bainbridge gives Hugh a well-earned smackdown:

I think this clearly vindicates those of us who led the anti-Miers fight. Yes, it was 20 years ago, and yes it doesn't mean that Alito's views haven't changed, but nobody ever found such an unequivocal statement of commitment to conservative values uttered or penned by Harriet Miers. Only by standing up to Bush and the party loyalists were conservatives able to get a judge who gives us a shot at advancing movement concerns. It would be nice if the Bush loyalitsts who so regularly bashed us anti-Miers types, but are now delighted by Alito's statement, would at least admit that we had a point even if they're still unwilling to admit that we were right.

Around the the blogosphere on Judge Alito's personal opinion that the Constitution doesn't protect any "right" to abortion:

Donkey Stomp:

Although this position is obviously correct to those people who have actually read the constitution and have yet to find a right to abortion written there, this statement will anger those who are okay with judicial activism as long as it imposes liberal laws on the citizens of this country.

Captain's Quarters:

Just when the anti-Alito forces began to cast their nets elsewhere in hope of landing an issue, it looks like abortion may come back to the center of the debate. The Washington Times reports that Alito's application to join the Reagan administration explicitly states an opposition to abortion and Roe v Wade, creating the opening Democrats need to open that line of questioning at his confirmation hearing:

Blogs for Bush:

I say this is good that it came out... I'd like to see this discussed during Alito's hearings... Perhaps now we can have the debate about the need for conservatives on the Supreme Court, and about the Constitutionality of abortion.

Stop the ACLU:

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.

Super Fun Power Hour:

This uproar that's about to happen by the abortion happy special interest groups is probably why Bush wanted confirmation hearings by the end of the year. Now that they've been pushed back until January, Alito is going to face two months of constant badgering from groups with a lot of money that don't represent very many people. (See, NARAL, DNC, etc).

Also blogging on Judge Alito:

Point Five
All things Beautiful
TMH Bacon Bits

This is an Open Tar Pit TrackBack thread. Alito links are preferred, but I'll link back to anything conservative and not vulgar when I'm off work this evening. Linking to other Open Trackback posts:

Don Surber
Basil's Blog
The Florida Masochist
Bloggin' Out Loud
bRight & Early
The Political Teen
third world county
Stop the ACLU
Jo's Cafe
The Blue State Conservatives
The Conservative Cat
Committees of Correspondence
Point Five
Samantha Burns

Late night update. Conservative Cat checked in with: I've Got Mail: Sam Alito and Abortion Rights

Other linkers:

Freedom Folks: Things that make you go...huh?
TMH's Bacon Bits: Guard the Borders: TRUE Enforcement Is Not Just a Fence
Don Surber: Bush Whacks Situational Hawks
Don Surber: What Did Dems Know & When Did They Forget It?
Don Surber: Give Pat Robertson To The Libs
EveningStar's Non-Blog: Dennis Prager asks five questions from non-Muslims
Freedom Folks: Why I trust polls
third world county: Out of Your Bounty...