Washington – Sen. Wayne Allard of Colorado endorsed U.S. Supreme Court nominee Samuel Alito Tuesday after a 30-minute meeting with the judge. Allard said he believed Alito would not be an “activist judge” who would legislate from the bench.
The GOP lawmaker said he planned to vote to confirm Alito, barring any surprises at the Senate Judiciary Committee’s confirmation hearings in January.
“He showed me in his responses that he is prepared to look at the rule of law, and he is willing to apply the facts of the case to the rule of law,” Allard said.
The meeting came on a day after 1985 documents were released in which Alito, 55, said he would be proud to help argue that “the Constitution does not protect a right to an abortion.”
Alito made the statement when applying for a deputy assistant attorney general position with the Reagan Administration.
Alito in his meeting with Allard – as with other senators Tuesday – pulled back from that statement, saying that one says different things as an applicant for a position than one does as a judge.
In his discussion with Allard, however, Alito said there are some cases where court precedents should be overturned, although the two men did not talk about what types of cases might fall under that heading.
“He indicated to me that he had a real respect for precedents,” Allard said. “(But) he said every once in awhile the courts make a mistake. You may have to go back and review that, but only in unusual cases.”
Colorado’s other senator, Democrat Ken Salazar, meets with Alito Thursday. Salazar has not yet said how he plans to vote on Alito.
Allard endorsed then-chief justice nominee John Roberts almost immediately after his nomination for the court. Both Allard and Salazar eventually voted to confirm Roberts.
Neither senator endorsed White House counsel Harriet Miers before she withdrew her name as a high-court nominee.
Allard said he was very impressed with Alito’s academic credentials and his experience as an appeals court judge.
“He brings to the court a much stronger resume than (Miers) did,” Allard said. In particular, he said, Alito has been a judge, unlike Miers, so there are case rulings to examine.
Allard said he thought Alito’s confirmation was on track, and that “a few” Democrats had told him they planned to vote to confirm Alito. Asked if one of those was Salazar, Allard said he and Salazar had not talked about Alito.
Alito arrived for the 2:30 p.m. meeting with Allard on time. He greeted Allard in his office, shaking hands. The two then walked down the hallway as cameras snapped.
“How’s it been so far?” Allard asked Alito, who responded, “very well.”
