Alito Stands by Anti-Choice Judicial Philosophy
Bush’s nominee affirms his 1985 contention that there is no Constitutional right to abortion
Madison, WI – Samuel Alito, Jr., President Bush’s nominee to the Supreme Court, repeatedly refused to refute his previously stated legal opinion that “the Constitution does not protect a right to an abortion.”
During hearings this week before the Senate Judiciary Committee, Alito has refused to discuss whether the principles embodied in Roe v. Wade are settled law, or whether he would still seek to narrow or overturn Roe as he has previously attempted throughout his career.
“We certainly expect pro-choice Senators Kohl and Feingold to vote against Alito – they have stood up for our privacy and freedoms and we believe they will do so now,” said Kelda Helen Roys, executive director of NARAL Pro-Choice Wisconsin. “Alito’s is the vote that will overturn Roe v. Wade, and we are confident that our Senators will protect the rights of women to control their own reproductive destinies.”
Under direct questioning from Senator Herb Kohl (D-Wisconsin), Alito again failed to assure Americans that he would recognize their right to medical privacy. Senator Kohl pointed out that Alito frequently was willing to comment on many other cases, even those regarding issues that may come before the Court.
Many other senators likewise underlined Alito’s hypocrisy in being willing to comment that some cases were correctly decided, but failing to similarly affirm Roe. Alito testified, responding to Senator Dick Durbin’s (D-Illinois) questions about stare decisis, that Roe was different from cases he was willing to comment upon, because the other cases were decided based on constitutional rights found in the 14th Amendment. Alito’s answer is very disturbing, because the U.S. Supreme Court has held that a woman’s right to choose is also grounded in the 14th Amendment. Alito is clearly leaving himself room to vote to overturn Roe without being inconsistent in his Judiciary Committee testimony.
Alito also responded dismissively to concerns regarding his narrow views of civil rights, such as the rights of pregnant women and new mothers to take time off from work. “We can’t know everything in the real world,” Alito said, in response to Senator Joe Biden’s (D-Delaware) question about whether Alito knew his opinion denying public employees protection under the Federal Family & Medical Leave Act would affect pregnant women.
Alito has a long and clear history of anti-choice advocacy and rulings, and even asserting that certain forms of birth control (such as the Pill) constitute abortion. As a Reagan Administration official, Alito outlined a strategy to undermine, and eventually overturn, Roe v. Wade.
Contact: Kelda Helen Roys, (608) 213-4502
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