I have been watching some of the Alito hearings before the highly esteemed Senate Judiciary Committee for two days now hoping and praying for some honesty, intelligence, and an articulate set of both questions and answers - not banter about mother-in-law metaphors! Democrats bash Alito with lies, Republicans honor him with platitudes, and Alito himself just sits there, with an "open mind," doing a pretty good impression of a robot. Which brings up the real issue. Nobody wants to say it directly, few ask it directly, no-one dares answer it directly. And so we dance. The Senate and the nominee, waltzing around the law and the Constitution with shrill music, provided by special interests, reaching ever higher volumes. How come nobody wants to talk about abortion? It's what everyone wants to know. It seems to be the central issue - both on the left and the right. Which is where I come in - both left and right are out of touch with reality on the abortion issue. Here are my opinions, mixed in with a good serving of facts:
1) I am personally opposed to abortion. I think it is morally reprehensible - under all circumstances!
2) All polls indicate that the majority of Americans think abortion ought to remain legal - therefore I am in the minority on this issue.
3) Roe v Wade (1973) was a terrible decision - an abominable interpretation of the Constitution. Even liberal law professors (Lawrence Tribe of Harvard) admit this - therefore Roe v Wade ought to be overturned post haste, and no nominee to the Supreme Court ought to be afraid to say so.
4) Overturning Roe v Wade will have virtually zero effect on abortion in America. Roe v Wade simply incorporated the 14th Ammendement so that one state's allowing abortion applies to the other 49 states. If Roe is overturned all but about 5 of the 50 state legislatures will scurry to make abortion legal in their states.
5) Most Americans, including Senators, do not understand point number 4.
6) There is no right to abortion or privacy in the Constitution - there is, however, a right to own private property.
7) Therefore I am more concerned about overturning the recent (2005) Kilo v New London decision which gave local municipalities the right to confiscate private property and give it to developers if it expands their tax base.
So why can't Samuel Alito just say all that?