There has been a small controversy over comments Supreme Court nominee Samuel Alito made in a 1985 application for a position in the Reagan Justice Department, a memo in which he essentially said that he was proud to have advocated legal positions which held that the constitution did not permit racial quotas or protect abortion. Senate Democrats were naturally concerned over such a revelation and quizzed Judge Alito as a result. His reported response was that he wrote those comments twenty years ago while applying for a legal advocacy position in a conservative administration. Moreover, he pointed out that he is a judge now and the personal views he expressed then carry no relevance in his current role as a judge.
This response is entirely legitimate and correct, and Democrats would do well to remember the difference between advocate and judge as the confirmation process progresses. All of this aside however Judge Alito was entirely correct in ‘85—the constitution does not protect abortion. What it does protect is the right for every state and the people therein to resolve the issue of abortion, and most other issues for that matter, through the democratic process. The constitution does not make substantive judgments on issues, it provides the framework and protects the right of the people to make the substantive judgments themselves.
Democrats will undoubtedly try to hold the fact that Judge Alito recognizes this against him. To counteract this a sustained and vigorous rebuttal from conservatives will be required.
Cross-posted @ Respectfully Republican
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