Alito's Clintonian, "It all depends on what the meaning of 'settled' is."

[flpoljunkie]

Excellent, Salon! It surely does. The fact that the Republican Majority for Choice came out against Alito after yesterday's testimony is telling, indeed. Interestingly, Senator Specter is one of five Republicans on their advisory committee.

http://www.salon.com/politics/war_room/2006/01/11/alito1/index.html

Alito goes Clintonian on Roe

As the third day of Samuel Alito's confirmation hearing began this morning, Illinois Sen. Dick Durbin asked the nominee if he considers Roe v. Wade to be "settled law." As he has on so many other things, Alito responded to the question without really answering it.

"If 'settled' means it can't be reexamined, that's one thing," Alito said. "If 'settled' means it is a precedent entitled to respect as stare decisis. . . then it is a precedent that is protected, entitled to respect under the doctrine of stare decisis in that way."

The structure of Alito's equivocation rang a bell with us, as it should have with Republicans who were once up in arms over a similar statement made by someone else. During Bill Clinton's grand jury testimony in 1998, the president said, famously and not unreasonably, "It depends on what the meaning of the word 'is' is." Then he added: "If 'is' means is and never has been, that is one thing. If it means there is none, that was a completely true statement."

That wasn't good enough for Republicans who pushed for Clinton's impeachment. Why should Alito's equivocation on Roe be good enough now?

-- Tim Grieve

[The White Tree]

1. I guess the question that should be asked then is:

Will Alito still respect stare decisis in the morning (the morning after confirmation that is)?

Me thinks not.

[flpoljunkie]

2. Especially with Alito using Rehnquist's phrase "not exorable command" re

stare decises, when arguing to overturn Roe v. Wade--what better signal to the hard right anti-choice crowd of his intention, when the opportunity comes before the Supreme Court for him to do so.