Fr. Frank Pavone on Alito Nomination: January 26, 2006

We had no doubt that abortion would be the central concern of those who oppose the nomination of Judge Samuel Alito to the Supreme Court. His confirmation process so far has demonstrated that this was the case.

Judge Alito did not say one way or the other whether he would vote to overturn Roe vs. Wade. That is as it should be, because a nominee should not comment in advance on a judgment that he may need to make when on the Court. Yet Judge Alito also did not say that Roe vs. Wade was "settled law," like some Senators wanted him to say. He refused to go along with the idea that Roe was impossible to revisit or reverse.

For pro-abortion Senators, of course, this is the red flag.
Yet nominees for the Courts are not supposed to be politicians with platforms that prove acceptable or unacceptable to the Senators who confirm them. Rather, the Senators have the duty to examine the qualifications of the nominee, and Judge Alito comes to this nomination with a greater amount of judicial experience than any other Supreme Court nominee, as well as with outstanding ratings and endorsements from his peers.
The Washington Post, in a recent editorial, said Alito is "undeniably a conservative" but that nominees should not be opposed on ideology alone. "To go down that road is to believe that there exists a Democratic law and a Republican law — which is repugnant to the ideal of the rule of law," the newspaper said. "While we harbor some anxiety about the direction he may push the court, we would be more alarmed at the long-term implications of denying him a seat."

Sen. Dianne Feinstein, D-Calif, and a supporter of legal abortion, said of Alito, "This might be a man I disagree with, but it doesn't mean he shouldn't be on the court....I was impressed with his ability to maintain a very even demeanor," she said on CBS' "Face the Nation." "I think there is an additional weight you must give to his background, his qualifications and his ability," she said.

Other Democrats, however, under pressure from various pro-abortion groups, have attempted to derail the nomination by bringing politics and ideology into the proceedings and by attacking the character of Judge Alito.

These attacks were criticized by Senator Bill Frist. "Those who oppose [Judge Alito] are smearing a decent and honorable man and imposing an unfair, political standard on all judicial nominees....I remain profoundly disappointed in the unfair and unseemly treatment of Judge Alito during this process. His judicial record has been distorted and mischaracterized. He has been labeled as “non-responsive” during the hearings – despite providing candid and articulate answers to more than 650 questions in over 18 hours of testimony, far more than many, perhaps any Supreme Court nominee in the past. And most sadly, he has been the victim of a calculated, but unsuccessful, campaign to smear his character, integrity, and credibility," Frist added.

So many of us have worked hard for change on the Supreme Court, starting with the 2004 elections. We have also communicated with the US Senate about the judicial nominations process. At this point in the proceedings, one more call is appropriate to our Senators, to say that any further delay on a vote, or attack on the ideology or character of the nominee, is offensive. If Senators oppose him, let them vote "No," and if they support him, let them vote "Yes," and let them do so at once. Call each of your two US Senators, at 202-224-3121.