Judiciary Committee, Minority Staff
Contact: Tracy Schmaler, 224-7703
See this document at: http://democrats.senate.gov/judiciarycommitteesupremecourt
Fact Check: Judge Alito's 1985 Job Application
Today, Senator Durbin said: "Most of us are troubled by this 1985 memo. You said yesterday, you would have an open mind when it came to this issue. I'm sorry to report that your memo seeking a job in the Reagan administration does not evidence an open mind. It evidences a mind that sadly is closed in some areas." [1/11/06]
Judge Alito has refused to refute these views under questioning from Judiciary Committee members. Instead, he has merely re-stated that they were "true expressions" of his views at the time.
Highlights from Judge Alito's 1985 job application:
- Alito said that the Constitution doesn't protect the right to an abortion. "I am particularly proud of my contributions in recent cases in which the government has argued in the Supreme Court that racial and ethnic quotas should not be allowed and that the Constitution does not protect a right to an abortion."
- Alito claimed membership in only two organizations. The Federalist Society and the Concerned Alumni of Princeton (CAP), an organization formed by those upset with the admission of women and minorities to the university.
- Alito said he was inspired to study law because of his disagreement with decisions of the Warren Court. The decisions of the Warren Court, particularly in the area of voting rights, have served to guarantee Americans the right to vote.
- "I believe very strongly in limited government, federalism, free enterprise, the supremacy of the elected branches of government, the need for a strong defense and effective law enforcement, and the legitimacy of a government role I protecting traditional values."
Yesterday, Judge Alito backtracked from this last statement. Why won't he clarify what he means by the previous three?
KENNEDY: Now, in 1985, in your job application to the Justice Department, you wrote, "I believe very strongly in the supremacy of the elected branches of government." Those are your words, am I right?
ALITO: They are and that's a very inapt phrase.
KENNEDY: Excuse me?
ALITO: It's an inapt phrase, and I certainly didn't mean that
literally at the time, and I wouldn't say that today.
The branches of government are equal. They have different responsibilities, but they are all equal and no branch is supreme to the other branches.
KENNEDY: So you've changed your mind?
ALITO: No, I haven't changed my mind, Senator, but the phrasing there is very misleading and incorrect.