Judge Alito Criticizes Constitutional Right to Abortion

It was reported this morning that in a job application to the Department of Justice in 1985, Supreme Court nominee Judge Samuel Alito criticized the constitutional right to abortion.  As you can imagine, groups on the left are already trying to use this as some kind of basis for disqualification.

In our view, the fact that Judge Alito criticized the legal underpinnings supporting abortion as a constitutional right should not be used against him in the confirmation process.  The statement by Judge Alito mirrors that of the late Supreme Court Justice Byron White, who was appointed by President Kennedy, and the late Chief Justice William Rehnquist.  At the same time, the Senate overwhelmingly approved Justices Breyer and Ginsburg after they expressed comments supporting the right to abortion.  Even Justice Ginsburg, who supports the right to abortion, has questioned the legal underpinnings of Roe v. Wade. 

A statement by Judge Alito two decades ago questioning the constitutionality of the right to an abortion cannot be used to disqualify him for a seat on the high court.  The Senate should focus on Judge Alitos judicial philosophy and his 15-year record of service on the U.S. Court of Appeals for the Third Circuit.