Judge Sam Alito's now famous job application can be found here. Scroll down to page two for the autobiographical information which has created a stir on both Left and Right. Alito states clearly that he believes the Constitution does not protect a right to abortion.
It will be interesting to see how Democratic senators challenge him on this statemment in the confirmation hearings. Will they argue that he is wrong and that there is indeed such a protection? This would be a reckless tactic because they'll then be required to cite chapter and verse which would prove most embarrassing to the entire pro-choice enterprise.
It's more likely they'll just want to severely reprimand him in one of their interminable speeches, to which he will be unable to respond, for his impertinence in casting doubt upon liberal dogma and then try to get him to commit to a reverence for established precedent, or some such thing. Their big donors at MoveOn.org and elsewhere, however, recognize the utter pointlessness of this strategy, and will demand that the Democrats do whatever they can to stop this nomination no matter how many knees to the groin they have to administer. Judge Alito better be wearing a cup come January.
Meanwhile, an odd reaction to this application is bubbling in some precincts on the Right. Conservatives are insisting that we shouldn't read too much into Alito's words, that everyone exaggerates on job applications, that nothing in his judicial record suggests he'd overturn Roe v. Wade, etc. This is an astonishingly disingenuous and disappointing argument.
Do these conservatives mean to suggest that Alito might not vote to overturn Roe and that therefore the Left should have no qualms about approving him? Are they conceding to the Left that a Justice who would overturn Roe could be justly blocked by the Democrats while maintaining that Alito is not that sort of judge? Do they mean that the Left shouldn't be concerned about his anti-abortion statements because he might not have really meant them? What kind of a strategy is this?
These Republicans seem to be proclaiming with some enthusiasm that Judge Alito is not really what conservatives hope he is, or that he's actually not impeccably honest since he doesn't really believe what he wrote on his application, and therefore Democrats shouldn't mind confirming him. That's absurd.
If he wasn't telling the truth on the job application and if he doesn't really believe that Roe is an instance of judicial usurpation of the democratic process then conservatives shouldn't support him. This argument that he's not really all that conservative, when made by conservatives to mollify liberals, is sheer stupidity married to dishonesty.
Harold Meyerson at the WaPo writes that:
Alito's advocates argue that he never once called for overturning Roe v. Wade during his 15 years on the appellate bench. But appellate judges interpret the law within the framework that the Supreme Court lays out. Supreme Court justices can change that framework when they see fit -- and they do. Those are the Supreme Court decisions that make the history books, and there are a number of them. Deference to precedents may be a pillar of the law, but -- and on this, conservatives and liberals agree -- it is clearly less of one for Supreme Court justices than for appellate and trial judges.
Alito's champions would have us believe, however, that he will defer even to precedents that he regards as unconstitutional -- despite the fact that the job of a justice is precisely to determine what is and isn't constitutional. That's asking us to believe a lot.
Clearly, the senators charged with questioning Alito will ask him if he still believes what he wrote 20 years ago.
Alito's answer should be, "Darn right I believe it. Why shouldn't I? If anyone can show me why my analysis of what the Constitution says is wrong I'll recant. Otherwise, let's move on to the next question." He might add that "Moreover, those Republicans who are seeking to mislead the public on my position on Roe are a bunch of dishonest dunderheads."
