Blog for Choice: Alito dodges questions on Roe, privacy rights

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January 12, 2006

Alito dodges questions on Roe, privacy rights

You know, I keep hearing kudos from Republican senators on how forthcoming Alito has been. Maybe I’m missing something. Seems to me Alito has been more evasive--particularly on questions concerning Roe--than even Roberts was.

I’m even seeing some news headlines about Alito keeping an “open mind” on abortion. But what does that mean?

The Boston Globe reports that legal specialists think Alito hasn't given up anything on how he feels about choice. He certainly hasn’t reassured anyone that his views have changed since he wrote in 1985 that "the Constitution does not protect a right to an abortion."

For example, Alito has declared that he believes in a right to privacy -- but cited a different kind of privacy than the Supreme Court has cited in recognizing abortion rights. After being asked about privacy for the first time, Alito immediately brought up the Fourth Amendment's protection against having one's home searched, not the 14th Amendment's protection of liberty.

Both amendments create protections sometimes referred to as ''privacy rights," but only the 14th Amendment is relevant to abortion, said Richard Fallon, a Harvard professor of constitutional law. The Fourth Amendment protects only people's personal space, while the 14th protects their liberty to control their personal lives.

Pressed for his views about the kind of privacy right that relates to abortion, Alito repeatedly demurred.

Sneaky, sneaky. But very smart.

Alito did the same dance around questions on Griswold:

When Alito was asked about the contraception cases, he offered no objection to their ''result." But he also avoided endorsing the legal reasoning behind the cases -- that people have a privacy-based right to control their reproductive lives.

So really folks, let’s not call Alito’s ability to word his answers carefully “forthcoming.” Because he’s been anything but. Alito has not distanced himself from his previous anti-choice statements. He is dangerous for choice, and dangerous for women.

Posted by Jessica at January 12, 2006 10:32 AM

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Comments

You know he and his wife had to be practicing birth control because they've only got 2 kids.

And yeah, I'm really over hearing the Repub's commend Alito for putting up with the Dem's.

Posted by: a nut at January 12, 2006 11:05 AM