Americans Can't Take Alito's Reported Comments On Roe At Face Value

Washington, DC -- NARAL Pro-Choice America said Supreme Court Nominee Samuel Alito's reported comments on precedent fall far short of the answers the American public is seeking regarding the fundamental freedoms of privacy and choice guaranteed by Roe v. Wade.

"Mr. Alito is making the standard political move of 'going centrist' after nomination," said Nancy Keenan, president of NARAL Pro-Choice America. "The hard-line anti-choice base secured his nomination, and now Alito is courting the votes of moderate senators who respect a woman's right to choose and respect the Court for adhering to precedent. Clarence Thomas told the Senate that he respected precedent, then he voted to overturn Roe one year after he was confirmed to a lifetime position on the Supreme Court. That is why Americans can't take these reported statements at face value. If Alito's backers -- the ones who forced Harriet Miers' withdrawal -- are so delighted with him, would he be so respectful of precedents women's freedom if he is confirmed?"

Clarence Thomas' Views on Precedent

During his confirmation hearings Thomas said:

"I think is important for any judge to take into account, even when he or she disagrees with a particular case, to recognize that there is the additional burden and additional question of whether or not this case should be overruled; that is, a question about the doctrine of stare decisis." [Transcript, Hearings of the Senate Judiciary Committee on the Nomination of Clarence Thomas to the Supreme Court, Sept. 13, 1991 (Question from Senator Specter)]

One year later in a dissenting opinion Thomas wrote:

"We believe that Roe was wrongly decided, and that it can and should be overruled …" [Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 944 (1992) (Rehnquist, C.J., dissenting, joined by White, J., Scalia, J., and Thomas, J.)] 

Contact:
Ted Miller, 202.973.3032