Progressive Talking Points 12/1/05

Alito’s Battle Against Legal Abortion

As a lawyer in the Reagan Justice Department, Supreme Court nominee Samuel Alito argued that cases before the Court at the time were opportunities to reach the goal of overturning Roe v. Wade while at the same time mitigating its effects. While the White House argues that past memos do not indicate how Alito will rule from the bench, those same memos show just how strongly Alito believes in overturning Roe. Alito made his views clear when he said to then-Attorney General Edwin Meese, "I am particularly proud of my work in recent cases in which the government has argued in the Supreme Court ... that the Constitution does not protect a right to an abortion ." The more we learn about Judge Alito, the clearer it becomes that his views are outside the judicial mainstream.

• If placed on the court, Judge Alito could begin to erode abortion rights immediately. The Supreme Court has begun hearing Ayotte v. Planned Parenthood of New Hampshire, "the most significant case on abortion rights to reach the court in half a decade." This case involves a New Hampshire parental notification law that lacks a medical emergency exemption for the mother, even when she is facing kidney failure, hemorrhaging, or infertility. And Alito may end up being the deciding vote – Justice Sandra Day O’Connor’s vote would not count if she were replaced by time the Court voted.
  
  
• The views Alito expressed years ago are likely to be the same views he holds today. President Bush has publicly said that he selects nominees who he knows will not change their views over a 20-year time frame. His statement about Harriet Miers and her beliefs refute those who want to dismiss Alito’s past writings on abortion and other topics because he wrote them in 1985.
  
  
• Will the Senate “moderates” keep their pledge regarding abortion? According to The New York Times, moderate Senators Susan Collins (R-ME), Olympia J. Snowe (R-ME) and Lincoln Chafee (R-RI) “have said they will oppose a nominee committed to overturning Roe v. Wade." In the wake of the release of the Alito papers, none could be reached for comment. Law professor Jonathan Turley states, "There will be no one to the right of Sam Alito on this Court . This is a pretty hardcore fellow on abortion issues."