Alito and Roe
A couple of bloggers make some good points about the confirmation hearings. Armando:
In his answers to Senator Arlen Specter's question, Judge Samuel Alito acknowledged that the 1985 memo where he stated that he supported the goal of overturning roe v. Wade expressed his personal views at the time.Kevin Drum:
He did not clarify whether he still believes it but implicitly seemed to accept that when he argued that as a judge he would put his personal feelings aside and determine whether the doctrine of stare decisis compelled upholding Roe.
This makes it clear, Alito would vote to overturn Roe UNLESS the doctrine of stare decisis compelled otherwise.
As for stare decisis, Alito stated repeatedly that it "is not an inexorable command."
It seems clear that Alito will likely vote to overturn Roe if he is confirmed to the Supreme Court.
I'm curious. I listened to a few minutes of the Alito hearing this morning and I heard Alito say that he thought Griswold v. Connecticut, the landmark privacy case, was correctly decided. But of course he won't tell us whether he thinks Roe v. Wade was correctly decided. Why not?
Why is it OK to take a firm stand on some decisions but not on others? What's the supposed algorithm here?