On Abortion:
Troubled that Alito 1985 memo shows closed mind on abortion
SEN. DURBIN: Most of us are troubled by this 1985 memo. You said yesterday, you would have an open mind when it came to this issue. I'm sorry to report that your memo seeking a job in the Reagan administration does not evidence an open mind. It evidences
a mind that sadly is closed in some areas. And yet, when we have tried to press you on this critical statement that you made in that application, a statement which was made by you that said the Constitution does not protect a right to an abortion, you've
been unwilling to distance yourself and to say that you disagree with that.
ALITO: The things that I said in the 1985 memo were a true expression of my views at the time from my vantage point as an attorney in the Solicitor General's office. But that
was 20 years ago and a great deal has happened in the case law since then. Thornburg was decided and Webster and then Casey and a number of other decisions. So the stare decisis analysis would have to take account of that entire line of case law.
Source: Sam Alito Senate Confirmation Hearings
Jan 11, 2006
On Abortion:
Doesn't condemn converts to pro-choice, since he did
SEN. DURBIN: Two personal references to me -- one related to the fact that I had earlier been in a pro-life position in my political life, and it is true. I've stood for election more than 12 times in the House and Senate,
general and primary, stating my position as pro-choice. So the voters of Illinois know that. I had asked Judge Alito whether his position had changed from 1985. I don't consider that to be a shortcoming, if you would concede it changed.
Although, at this point, you have not made that concession. Abraham Lincoln was once accused of changing his position on an issue, and he said, "I'd rather be right some of the time than wrong all the time." And so I don't think changing your mind is
necessarily a condemnation. The second point I'd like to make specifically is my reference to settled law. Roe v. Wade is settled law.
Source: Sam Alito Senate Confirmation Hearings
Jan 11, 2006
On Government Reform:
Justices should not restrict our rights and freedoms
Time and again the vacancy you seek to fill was the most important vote on the court for civil rights, human rights, women's rights, workers' rights, and restraining an overreaching president. The person who fills the O'Connor vacancy will truly
tip the balance of the scales of justice in America. Judge Alito, millions of Americans are very concerned about your nomination. They are worried that you would be a judicial activist who would restrict our rights and freedoms.
Source: Sam Alito Senate Confirmation Hearings
Jan 9, 2006
The above quotations are from Samuel Alito, Senate confirmation hearings for his Supreme Court nomination, January 2006 (plus commentary).
Click here for a profile of Dick Durbin.
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