In some ways, Judge Samuel Alito’s Supreme Court confirmation hearings were a case study in the art of evasion. Days of intense questioning by Judiciary Committee members were met with non-answer after non-answer as Alito skirted the issues on everyone’s minds.
At the same time, however, we learned a great deal about Alito — and what we learned is not encouraging. Alito acknowledged that a memo he wrote in 1985 in which he argued that the Constitution does not protect a woman’s right to an abortion were his views at the time, but he refused to disavow those views now, pledging to keep an “open mind” on the issue.
Curiously, Alito seemed to be fully aware of his thought process two decades ago, but he could not remember ever being involved with a Princeton University alumni group he had touted on an application for a job in the Reagan Justice Department that same year. The group piqued the interest of many senators when they learned it had opposed the admission of women and minorities to Princeton. Apparently, Alito will say whatever he needs to say if it will land him a job. Is this encouraging news when Alito is hoping to land a job that will help shape our country for the next 30 or more years?
Alito’s membership in the group is just one more affirmation of Alito’s staunchly conservative credentials. And even if Alito maintains a respect for the precedent of Roe v. Wade, the majority of his decisions as an appeals court judge indicate that he will shift the Court to the right by consistently upholding a strong executive branch and restricting civil liberties.
It’s very telling that President Bush selected Alito after his last nominee, Harriet Miers, was denounced by Bush’s right-wing base for not being conservative enough. It is all but assured that Alito will be confirmed within the next few days, but we do not look forward to Alito’s tenure on the high court.