"There is always a philosophy for lack of courage."—Albert Camus

Tuesday, November 15, 2005

Judge Found in Hot Tub with Dead, Underage Male Prostitute

No, it's even worse than that, as regards the prospects for Judge Alito to be confirmed for the Supreme Court: a document that suggests he has opposed Roe v. Wade has been found, the Chicago Tribune reports:

Supreme Court nominee Samuel Alito wrote in 1985 that he "very strongly" believed the Constitution "does not protect a right to an abortion," and he said he was proud of his work as a lawyer in the Reagan administration arguing against the position enshrined in the landmark decision Roe vs. Wade.

Alito made the comments in an application for a job as deputy assistant attorney general, when asked about his "philosophical commitment" to the Reagan administration's policies. He also staked out conservative positions opposing racial and ethnic quotas and said he disagreed with Supreme Court decisions that kept a high wall between church and state, as well as those that gave criminal defendants greater procedural protections from police.

The story did not say exactly how the document came to light, which is an interesting side question. In any case, the revelation suggests that Democrats will question Alito even more aggressively on this issue during the confirmationg hearings:

Sen. Charles Schumer (D-N.Y.) and other Democrats said Monday that in light of the revelations in the newly revealed document, they expect Alito to be more open about his current views than previous nominees.

Perhaps Judge Alito will be able to survive by parsing his words carefully, as Judge Roberts did during his confirmation hearings, seeming to endorse Roe while leaving room to vote to overturn it later, but it is a certainty that the War over Judicial Philosophy conservative Republicans have hoped for is about to begin in earnest—with Alito right in the center of the crossfire.

5 comments:

JC said...

Ultimately, I doubt that this will matter. I predict that Alito, Republicans & co. will probably say things like, "Well, yes he may be personally opposed to abortion, but he will still make a fair, impartial decision based on the Constitution, and we can't comment on what exactly that decision will be" (with extra winks at the right wing). The Democrats will complain loudly enough to satisfy their base, realize the fight is hopeless, and allow confirmation to avoid making a spectacle of themselves in a filibuster that they would eventually lose. Then in the next election they will accuse the Republicans of appointing radical (=evil) conservative justices and ask us to end the right-wing tyrranny. That is my prediction :)

connie deady said...

jc, that works for me. I think he'll be confirmed. I also believe he's completely 100% opposed to abortion both personally and legally as his momma wouldn't lie about that.

Frankly it would be a relief to have Roe overturned so we could actually debate about some other issues for a change, like war and peace.

Hunter Baker said...

I'm with Connie. Our national pre-occupation with Roe after 30 years is pretty good evidence that the Court stepped in and short-circuited the democratic process when it should not have done so.

Jay D. Homnick said...

S.T., just for the record, I was at work on a column in which I predicted all-out war based on this memo being revealed. So if I get it finished and published, please don't feel that I filched your phrasing.

S. T. Karnick said...

Jay: the more, the merrier.