Sunday, January 08, 2006

A Minimal Requirement for Samuel Alito


From the conservative Wall Street Journal, we learn that most Americans do not currently support Alito's confirmation to the Supreme Court, according to the latest Harris poll.

Only 34% support the confirmation, while 31% oppose it, and 34% are as yet undecided. The kicker is: "[N]early 70% of those surveyed . . would oppose Judge Alito's confirmation if they thought he would vote to make abortion illegal."

On the subject of Alito's views on Roe v. Wade, the record is clear:

Judge Alito has not only opposed Roe v. Wade, he has also worked to overturn it. When he applied for a promotion in the Reagan administration in 1985, he wrote that he was "particularly proud" of his legal arguments "that the Constitution does not protect a right to an abortion." In meetings with senators, Judge Alito has talked about his respect for Roe, but he has said nothing to discourage his supporters on the religious right who back him because they believe he will vote to overturn it. The American people have a right to know, unambiguously, where Judge Alito stands on Roe.

As The Times notes in the editorial cited above, the Senate needs to consider a far more important question than Alito's stated positions, or evasions, on Roe, or presidential power, or congressional power, or even "one person, one vote."

The more important qustion is: Does the record indicate that Samuel Alito is honest?

Clearly, it does not:

The Senate should also explore Judge Alito's honesty. According to a senator he met with, he tried to dismiss his statement about the Constitution's not protecting abortion as merely part of a job application, which suggests he will bend the truth when it suits his purposes. Judge Alito has said he does not recall being in an ultraconservative group called Concerned Alumni of Princeton, which opposed co-education and affirmative action. That is odd, since he boasted of his membership in that same 1985 job application. The tortuous history of his promise to Congress to recuse himself in cases involving the Vanguard companies, which he ultimately failed to do, should also be explored.

Obviously, it is asking too much to expect honesty from politicians. But for a lifetime appointment to the High Court of the land, surely we can insist on the minimal requirement of honesty.