Jan. 11 (Bloomberg) -- U.S. Supreme Court nominee Samuel A. Alito's refusal to disavow his 1985 view that there is no constitutional right to abortion was attacked by Democrats as the Senate Judiciary Committee resumed his confirmation hearings.
Illinois Senator Dick Durbin, the Senate's No. 2 Democrat, told Alito his testimony ``left in question the future'' of the high court's 1973 decision in Roe v. Wade that legalized abortion nationwide.
``I am concerned that many people will leave this hearing with a question of whether you could be the deciding vote to eliminate the legality of abortion,'' Durbin told Alito.
Alito's nomination by President George W. Bush to replace retiring Justice Sandra Day O'Connor, a key vote to uphold abortion rights, has drawn opposition from abortion-rights groups such as NARAL Pro-Choice America.
Alito testified yesterday that the views he expressed in a 1985 legal memo were those of ``a line attorney'' in President Ronald Reagan's administration. Today, Alito declined to give his current thinking, saying abortion ``is an issue that is involved in litigation now at all levels.''
For example, he cited a case before the Supreme Court this year that challenges a New Hampshire law requiring girls to obtain parental permission before obtaining abortions.
Durbin drew a contrast between Alito's reluctance to state his view on Roe and his willingness to endorse high court rulings that outlawed racially segregated schools and let married couples use birth-control devices. Alito replied that both the school desegregation and contraception cases were unlikely to be challenged before the Supreme Court.
Contraception Case
Durbin noted that the birth-control case, the 1965 Griswold v. Connecticut decision, recognized a right of privacy that was the basis of the high court's ruling on abortion.
``This is what troubles me,'' Durbin said. ``That you do not see the privacy rights of Griswold extended by the decision in Roe.''
Durbin asked Alito if Roe v. Wade was now ``the settled law of the land.''
``If `settled' means that it can't be re-examined, then that's one thing. If `settled'' means that it is precedent,'' then Roe ``is entitled to respect,'' Alito said. The justices' reaffirmation of the decision ``strengthens its value'' as a precedent, he said.
Alito repeated a statement of yesterday that he would keep an ``open mind'' if the court reconsidered whether the Constitution gives women a right to end their pregnancies.
More Abortion Questions
Alito's 1985 memos prompted questions yesterday from other Democratic senators, including Charles E. Schumer of New York and Dianne Feinstein of California.
Three Republican senators not on the committee, Olympia Snowe and Susan Collins of Maine and Lincoln Chafee of Rhode Island, have voiced concern about the memo in which Alito outlined a strategy for persuading the high court to limit abortion rights and ultimately overturn Roe.
Today, Oklahoma Republican Senator Tom Coburn noted that Durbin opposed abortion rights earlier in his political career, quoting a 1989 statement by the Illinois senator.
``If he has the ability to change his mind on something he wrote in 1989, you have the ability'' to do the same, Coburn, who opposes abortion rights, told Alito. ``It's hard to be critical of what you said in 1985 when many of us have backtracked.''
Illinois Senator Dick Durbin, the Senate's No. 2 Democrat, told Alito his testimony ``left in question the future'' of the high court's 1973 decision in Roe v. Wade that legalized abortion nationwide.
``I am concerned that many people will leave this hearing with a question of whether you could be the deciding vote to eliminate the legality of abortion,'' Durbin told Alito.
Alito's nomination by President George W. Bush to replace retiring Justice Sandra Day O'Connor, a key vote to uphold abortion rights, has drawn opposition from abortion-rights groups such as NARAL Pro-Choice America.
Alito testified yesterday that the views he expressed in a 1985 legal memo were those of ``a line attorney'' in President Ronald Reagan's administration. Today, Alito declined to give his current thinking, saying abortion ``is an issue that is involved in litigation now at all levels.''
For example, he cited a case before the Supreme Court this year that challenges a New Hampshire law requiring girls to obtain parental permission before obtaining abortions.
Durbin drew a contrast between Alito's reluctance to state his view on Roe and his willingness to endorse high court rulings that outlawed racially segregated schools and let married couples use birth-control devices. Alito replied that both the school desegregation and contraception cases were unlikely to be challenged before the Supreme Court.
Contraception Case
Durbin noted that the birth-control case, the 1965 Griswold v. Connecticut decision, recognized a right of privacy that was the basis of the high court's ruling on abortion.
``This is what troubles me,'' Durbin said. ``That you do not see the privacy rights of Griswold extended by the decision in Roe.''
Durbin asked Alito if Roe v. Wade was now ``the settled law of the land.''
``If `settled' means that it can't be re-examined, then that's one thing. If `settled'' means that it is precedent,'' then Roe ``is entitled to respect,'' Alito said. The justices' reaffirmation of the decision ``strengthens its value'' as a precedent, he said.
Alito repeated a statement of yesterday that he would keep an ``open mind'' if the court reconsidered whether the Constitution gives women a right to end their pregnancies.
More Abortion Questions
Alito's 1985 memos prompted questions yesterday from other Democratic senators, including Charles E. Schumer of New York and Dianne Feinstein of California.
Three Republican senators not on the committee, Olympia Snowe and Susan Collins of Maine and Lincoln Chafee of Rhode Island, have voiced concern about the memo in which Alito outlined a strategy for persuading the high court to limit abortion rights and ultimately overturn Roe.
Today, Oklahoma Republican Senator Tom Coburn noted that Durbin opposed abortion rights earlier in his political career, quoting a 1989 statement by the Illinois senator.
``If he has the ability to change his mind on something he wrote in 1989, you have the ability'' to do the same, Coburn, who opposes abortion rights, told Alito. ``It's hard to be critical of what you said in 1985 when many of us have backtracked.''