Posted on 11/02/2005 6:46:35 AM PST by cracker
WASHINGTON - Senate Judiciary Committee chairman Sen. Arlen Specter, R-Pa., sent strong signals Monday that he would use all his clout to help federal appeals court judge Samuel Alito win confirmation to the Supreme Court.
Time and again Specter used his Monday afternoon press conference to defend President Bush’s nominee to the high court and to justify some of his controversial rulings.
...
Assurances to abortion rights supporters
Specter seemed to go out of his way to try to persuade abortion rights supporters, of whom he is one, that Alito is not beyond the pale.
He said Alito’s dissent in a 1991 abortion case, Planned Parenthood v. Casey, "does not signify disagreement with Roe v Wade” the 1972 ruling which legalized abortion nationwide. Specter said that nothing in what Alito had written in that case “suggests disagreement with the underlying decision in Roe v. Wade."
Specter called Alito’s dissent in Planned Parenthood v. Casey “a very narrow ruling, very carefully crafted on the basis of Justice O’Connor’s decisions in previous cases about what would constitute an undue burden for the woman.”
...
The chairman said he had met with Alito for an hour and 15 minutes Monday and that the veteran appeals court judge assured him “he believes there is a right to privacy under the liberty clause of the United States Constitution” and “he accepts Griswold v. Connecticut as good law.”
(Excerpt) Read more at msnbc.msn.com ...
A strict constitutionalist does not guarantee overturning Roe.
Look, is Alito a constitutionalist? If he is, then let's ram him down the throats of the liberals and sit back and have a smoke, a drink and a laugh at their expense.
Well, I hope he comes thru. I have the same 3 criteria for Alito as I had if I was going to support Miers:
1. The 2nd Amendment applies to indiviuduals
2. The so-called "right to privacy" does not apply to abortion
3. A strict constructionist view of the constitution
So far, I only have seen #3 answered to my satisfaction.
Was it a stroke of genius to nominate a judge in Arlens home state? He could come out against Alito, but boy, that sure would put him in even hotter water in PA next time (thanks Santorum, you screwed us). He has to support Alito. If Arlen goes, the Gangbang of 14 is done.
" ... right to privacy under the liberty clause of the United States Constitution" is the same position Roberts took in his hearings, as he expressed his view of Griswold. It is not the same as the "penumbras and emanations that flow from the BOR" rationale, also taken from (separate majority opinions in) Griswold, which were used to justify the Roe decision.
He says he only disputes "undue burdens" imposed on women - nothing about the unborn or the beginning of life. And this is better than Miers how?
The difference is the grounds or reason used to sustain or modify or reverse past holdings. The evidence was that Miers, while personally pro-life, put great weight on stare decisis, that once the Court has handed down a decision (for whatever reason), that alone is powerful reason to let the decision stand. "The decsion stands on the basis of the power of the Court, and the harm that would come to the Court if it admitted error."
Doesn't #3 guarantee #1 and #2?
I actually doubt that, given his record, Alito is uninformed, unintelligent, or liberal enough to believe that Griswold is good law.
I'm not sure that I believe everything said by Arlen Specter.
No strict constructionist, no matter his personal view of abortion, could uphold it.
I read that thing so many times in the last few months (seems that long anyway) I find it nearly impossible that Alito would say that. I think its more likely he'd agree with one of the dissenting justices who wrote (paraphrasing), "while the law is "silly" it isn't unconstitutional".
Especially after reading Alito's dissent in Rybar and Casey. I think Arlen is blowing smoke.
There's a difference between upholding it then and reversing it now.
Whatever.
I'm looking for a lot more in a justice than a single-issue promise to roll back a single-issue ruling.
Alito is great.
I would hope, but I'd rather have some more assurance than hope. I want him to flatly state that the 2nd Amend. is an individual right.
And as far as abortion is concerned, undue repect for precedent would be VERY bad.
Even Clarence Thomas said positive things about Griswold. NRO had the quote from Biden about Thomas and Griswold back a few months ago on their Bench Memos blog. IOW, this tells us nothing.
Alito is smart enough to know that if he wants a seat on the Court, he CANNOT indicate to Spector in any way that he'd overturn Roe. We all have to understand that.
Lets toss him overboard!!! *rolling eyes*
Funny, isn't it?--How careful everyone was to scrutinize Miers, yet Alito gets an immediate pass.
It seems everyone jumped on the "little Scalia" bandwagon without first examining whether he deserved that moniker. Maybe he does, maybe he doesn't. One of his law clerks said no one who knew him called him Scalito. He reveres precedent too much, and there is no real evidence he would overturn any of the judicial activism we have seen in the past few years.
He rules by stare decisis, not strict constructionism. Don't tell me he "had to" follow precedent to make unconstitutional rulings, when the very thought violates Marbury V. Madison. A judge is bound by oath to side with the Constitution, and nothing contrary to it.
What Alito said:
"Griswold is a good example of bad law."
What Specter heard:
"Griswold is...good...law."
Guys, there is some FR self delusion going on. The outcry was that Miers didn't have a paper trail to judge by. Now that there is a nominee with a paper trail, its content does NOT portray him as a staunch conservative.
And what I'm seeing now is that . . . yes, the paper trail doesn't say what it should -- so we should ignore it?
This makes no sense. In this context you at least had Miers with a 20 yr known philosophy by Bush. This guy has a paper trail that Specter can point at as liberal and FR is choosing to ignore that.
Weird.
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