Monday, November 14, 2005

"The Constitution does not protect a right to an abortion"

That's what Supreme Court nominee Samuel Alito wrote in his application to become deputy assistant to Attorney General Edwin I. Meese III in 1985. The Washington Times obtained the document where Alito said he "personally believe very strongly" in this position and "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."

More quotes:

"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,"

"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"

Stay tuned for NARAL's reaction to this news.

I'm predicting terms like "out of the mainstream," "right-wing idealogue," and "judical activist."

UPDATE:
The PDF of the resume is available online here

HT: Confirm Them

The sentence in question is found at the end of a paragraph in this context:

"Most recently, 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. 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."

3 comments:

  1. Anonymous8:57 AM

    Rarely I have seen a worse and more disingenuous twisting of words.

    To report that he "wrote that 'the Constitution does not protect a right to an abortion' in a 1985 document obtained by The Washington Times." and that he "'personally believe[s] very strongly' in this legal position," is technically true, but overall misleading and false.

    Only by twisting and spinning and taking the words grossly out of context can one come to the conclusion promoted by the reporter, that Alito himself believes that abortion is a right, and that he believes this personally and strongly.

    Not only were such remarks made in an attempt to ingratiate himself to a known pro-lifer and opponent of Roe (also known as ass-kissing), in context, you can see that Alito did not say what the reporter suggests he said. What he actually said was "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." That is, he did not say that he, Sam Alito, believes that the Constitution does not protect abortion. Instead, he said that the government has argued that the Constitution does not protect abortion. There is a world of difference between the two.

    Similarly, the reporter makes a false impression in selectively taking the "personally believe very strongly" quote and connecting it to the passing abortion comment. He merely says that it was an honor and source of personal satisfaction to help to advance legal positions in which he personally believe very strongly. Nowhere in that statement does he himself connect his strong personal beliefs with abortion, or even what "the government has argued" about abortion.

    Indeed, in later comments not excerpted here, Alito clarifies what he, himself believes are his strong beliefs, "'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 . . . 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."

    Abortion is nowhere to be found in this lengthy list of issues of which he himself says he strongly believed in. Moreover, he later says, "In college, I developed a deep interest in constitutional law, motivated in large part by disagreement with Warren Court decisions, particularly in the areas of criminal procedure, the Establishment Clause, and reapportionment."

    This too is a telling quote by the by glaring absence of abortion in that list. The NUMBER ONE Supreme Court case to be handed down when he was in law school was none other than Roe v. Wade!!! And yet, the issue of abortion is not listed here. The only mention of abortion is in the context of the government's position on abortion, not Alito's own personal position.

    http://www.washtimes.com/national/20051114-015136-2101r.htm

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  2. Bender,
    I agree that the Times' reporter may have gotten a little loose with his wording.

    So you don't believe that Alito being proud of his contributions to the cases where the government argument argued against the idea that the Constitution protects abortion gives any hint at his feelings on abortion?

    Why would he be proud of his contribution on those certain cases?

    Is there a typo in your third paragraph? Did you want to include a "not" somewhere?

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  3. Bender,
    I actually just read the essay from his resume and it clearly indicates his personal belief regarding the constitution and abortion (at least in 1985). The abortion comment directly follows the "personally believe very strongly" comment.

    I'd also point out that Alito entered law school in 1972 - making it obvious that he decided to pursue a career in law before Roe v. Wade was decided.

    ReplyDelete