Tuesday, November 15, 2005

The Whole complexion of the Alito Confirmation has now changed.

In meeting with Ds following disclosure of Alito's 1985 comments,Alito sought to explain those remarks,
"He said, first of all, it was different then," Sen. Dianne Feinstein (D-Calif.) told reporters after meeting with Alito. "He said, 'I was an advocate seeking a job, it was a political job, and that was 1985. I'm now a judge, I've been on the circuit court for 15 years, and it's very different. I'm not an advocate, I don't give heed to my personal views. What I do is interpret the law.' "

Sen. Jeff Bingaman (D-N.M.) recounted a similar conversation. "He indicated that that was 20 years ago and it was a job application....
Teddy Kennedy, not missing the obvious implication of this "defense",
Kennedy said Alito, 55, told him he wrote the memo as someone "who was interested in getting a job" in the Justice Department as deputy assistant attorney general.

"So I asked him, 'Why shouldn't we consider that the answers you are giving today are an application for another job?" Kennedy said.
Of course, Alito goes on to make a more nuanced argument that his view in the last 20 years have "matured".

It would not be unreasonable for Alito to say that in 1985 Roe was a mere 12 years old and still very young as SC decisions go and very controversial in legal circles. Now at 32 years old, and repeatedly reaffirmed (including the Casey decision), Roe (which is still controversial in legal scholarship for good reason -- but that's another matter) has very different legal standing-- what Spector calls a "super precident". And given the reaffirmations of Roe these last 20 years changes everything. I know many of you will never believe him on this, and I don't know that I believe him either, but I'm just sayin,...

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