Late in last Tuesday’s confirmation hearing, leftist Sen. Chuck Schumer (D.-N.Y.) waved a copy of the Constitution at Judge Sam Alito and tried to browbeat him into either repudiating his 1985 statement that the Constitution did not protect a right to abortion or state that he would recognize the so-called right if it came up in a future Supreme Court case. Alito steadfastly, but deftly, refused to do either.
He first said his 1985 declaration on abortion "was an accurate statement of my views at the time." When Schumer pressed him to say whether he had changed his view, Alito said: "The answer to the question is that I would address that issue in accordance with the judicial process as I understand it and as I have practiced it. That’s the only way I can answer the question."
When asked again by Schumer whether he still believed that the Constitution did not recognize an abortion right, Alito said: "I would make up my mind on that question—if I got to it, if I got past the issue of stare decisis, after going through the whole process that I’ve described, and I would need to know that case that is before me. And I would need to consider the arguments."
In other words, he would consider the argument to overturn Roe.