The reliably conservative Washington Times reports today on what many might consider the “smoking gun” evidence that Judge Samuel Alito, if confirmed as Associate Justice to the Supreme Court, will vote to overturn the decades-old Roe v. Wade decision, giving women the right to reproductive freedom, including the right to an abortion. The evidence is found in a job application Alito completed while seeking a deputy assistant position in then-Attorney General Edwin Meese’s office.
Alito wrote on his job application: “[T]he Constitution does not protect a right to an abortion . . . I personally believe very strongly" in this legal position . . . I am and always have been a conservative . . . I am a lifelong registered Republican . . . 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.”
Further shedding light on his judicial philosophy, Alito also wrote: "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.”
Alito’s words will be music to the ears of his conservative backers, but they are likely to ignite a major confirmation battle in the Senate. Senators who are committed to the belief that the Constitution embodies a fundamental right to privacy upon which the abortion right is premised will find it difficult to support Alito in light of this new evidence.
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