...Judge Alito has tried to reassure Democratic senators by talking about his respect for Supreme Court precedents, including Roe v. Wade. It would be unwise to put too much stock in such reassurances. Even justices who value precedent, as most do, sometimes overturn existing case law with which they disagree. It should give Democrats pause that after Judge Alito's meetings with senators, both sworn opponents of Roe and fervent supporters have emerged reassured.
Even if Judge Alito does stand by important precedents, there is still reason for concern. Under Chief Justice William Rehnquist, the Supreme Court perfected the art of reaffirming precedents in areas like criminal procedure while poking enough holes in them to render them almost unrecognizable. Judge Alito showed as a federal appeals court judge - when he voted to uphold a Pennsylvania law requiring women to inform their husbands before getting an abortion - that abortion rights can be severely diminished even within the framework of Roe. The same thing could be true in other areas.
One group that clearly does not believe that Judge Alito will be a slave to existing Supreme Court precedents is the far right. Many of the same groups and individuals who waged a fierce campaign against Ms. Miers, President Bush's previous nominee for this seat, appear to be lining up in support of Judge Alito. Senator Sam Brownback, a Kansas Republican who strongly opposes abortion, and other rights the court has recognized over the years, declared after meeting with Judge Alito, "This is the type of nominee I've been asking for."
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