Thursday, November 17, 2005

Alitos 1985 writings cannot be discounted say Senators

The lawmakers suggested that Alito has largely forfeited a third option that helped some of his predecessors sidestep questions about their legal views and deny opponents a hook for claiming that their future court rulings were predictable. Clarence Thomas, for example, said at his 1991 confirmation hearing that he had barely given a thought to Roe , even though he became an outspoken critic of the ruling soon after joining the Supreme Court.

And Chief Justice John G. Roberts Jr. recently deflected senators' questions about memos he signed in the 1980s attacking Roe , saying he was merely representing his client, the George H.W. Bush administration.

Alito's 1985 memo, which was a bid for a promotion in the Justice Department, did not express "a personal view," Schumer, a Judiciary Committee member, said in a floor speech yesterday. "It is decidedly a legal view which involves judicial philosophy and judicial reasoning." At Alito's committee confirmation hearing, to start Jan. 9, Schumer said, "he cannot, as previous nominees have done, say 'I refuse to answer.' "


1985 Memo by Alito Has Legal Weight, Senators Say

Most recent post on Alito's confirmation attempt before this

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