A statement Alito made in 1985 in seeking a promotion at the Justice Department has drawn controversy; he wrote that "the Constitution does not protect a right to an abortion."Allen said yesterday that Alito wrote the letter to be an advocate, and considering his record on the appeals court bench is "more probative" of what Alito would be like as a Supreme Court justice.
While Alito may have been an "advocate" in the general sense, what he said in the letter betrays his personal views. How do I know this? Alito said so in his letter!
As part of his application, Alito sent a document saying his work in the solicitor general's office had included helping "to advance legal positions in which I personally believe very strongly.""I am particularly proud of my contributions in recent cases in which the government argued that racial and ethnic quotas should not be allowed and that the Constitution does not protect a right to an abortion," he wrote.
Remember - this is a letter where Alito was applying for a promotion, not a letter where he was arguing for a client or stating the government's position. And, as Alito says himself, he is proud of his work against abortion rights. Of course, that important difference is lost - or ignored - by Sen. Allen.