Washington – The Samuel Alito who argued against abortion rights in 1985 was “an advocate seeking a job” with the conservative Reagan administration, the Alito who is now a Supreme Court nominee told Democrats on Tuesday.
The current version “thinks he’s a wiser person” with “a better grasp and understanding about constitutional rights and liberties,” senators said as Alito tried to downplay a 20-year-old document in which he asserted that “the Constitution does not protect a right to an abortion.”
At the same time, some anti- abortion groups warned Alito not to go too far if he hopes to retain their support.
“A nominee who is willing to take the seemingly mandated Roe oath, whereby they testify that it is settled law, never to be overturned, is not the type of justice worthy of pro-life support,” said Stephen Peroutka of the National Pro-Life Action Center.
President Bush nominated Alito last month as the replacement for retiring Justice Sandra Day O’Connor, who has been a crucial swing vote on contentious issues, including abortion, during her 24-year high court career.
Liberals are concerned that Alito and recently confirmed Chief Justice John Roberts would move the Supreme Court to the right and perhaps overturn the landmark 1973 Roe vs. Wade decision, which established abortion rights.
Alito, who served for 15 years as a judge on the 3rd U.S. Circuit Court of Appeals, worked Capitol Hill on Tuesday after the release of his 1985 application to be deputy assistant attorney general.
In that document, the younger Alito touted his anti-abortion work in the solicitor general’s office, work “in which I personally believe very strongly.”
But the 55-year-old judge said Tuesday that things are different now, Democratic Sens. Jeff Bingaman of New Mexico, Dianne Feinstein of California and Edward Kennedy of Massachusetts said after meeting with him.
“He said it was 20 years ago,” Bingaman said.
Kennedy, a senior member of the Judiciary Committee that will question Alito at his confirmation hearing beginning Jan. 9, said, “He did indicate that he’s an older person, that he’s learned more, that he thinks he’s a wiser person and he has a better grasp and understanding about constitutional rights and liberties.”
Feinstein said: “He said, ‘I was an advocate seeking a job; it was a political job, and that was 1985. I’m now a judge, I’ve been on the circuit court for 15 years and it’s very different. I’m not an advocate; I don’t give heed to my personal views. What I do is interpret the law.”‘
Feinstein said she believes Alito is telling the truth, while Kennedy remained dubious.
Alito said he wrote the memo as “a member of the Justice Department that was interested in getting a job,” Kennedy said.
“So I asked him, ‘Why shouldn’t we consider that the answers you’re giving today are an application for another job?”‘
