Alito earlier opposed abortion

- U.S. Supreme Court nominee Samuel Alito wrote as a lawyer in the Reagan administration 20 years ago that he personally backed its efforts to ban abortion and racial quotas, a 1985 memo released on Monday showed.

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Alito wrote the memo as part of his successful bid that year to be elevated to a deputy assistant attorney general.

"It has been an honor and source of personal satisfaction for me to serve in the office of the Solicitor General during President Reagan's administration and to help advance legal positions which I personally believe in very strongly," wrote Alito, then an assistant U.S. solicitor general.

"I am particularly proud of my contributions in recent cases in which the government has argued in the Supreme Court that racial and ethnic quotas should not be allowed and that the Constitution does not protect a right to an abortion," Alito added.

The memo, part of a job application, was among more than 100 pages of documents released on Monday and added new controversy to President George W. Bush's nomination of Alito to replace retiring Justice Sandra Day O'Connor.

Conservatives have rallied behind Alito, a federal appeals judge for the past 15 years. Liberal groups have raised concerns, fearing that if confirmed by the Senate, he would push the highest U.S. court to the right on abortion, civil rights and other hot-button social issues.

Sen. Edward Kennedy (news, bio, voting record), a Massachusetts Democrat, denounced the memo, which Alito wrote when asked about his commitment to the policies of President Ronald Reagan's conservative administration.

'EXTREMELY TROUBLING VIEWS'

"Judge Alito was clearly trying to pass a litmus test to get a promotion in an administration that stood against the march of progress," Kennedy said.

"Judge Alito faces a heavy burden of demonstrating that he no longer holds these extremely troubling views and would bring an open mind and a real commitment to fundamental rights and freedoms if the Senate confirms him for the Supreme Court."

White House spokeswoman Dana Perino said the 1985 memo should not be viewed as an indication how Alito would rule on the Supreme Court.

"Judge Alito has served on the bench for 15 years and has a record of jurisprudence that shows respect for precedent and judicial restraint," Perino said.

"Twenty years ago, he was among the vast majority of Americans who supported the policies of Ronald Reagan," Perino said.

Alito, 55, has walked a careful line in recent weeks in a series of private meetings with members of the Senate in advance of his confirmation hearing, set to begin on January 9.

Senators have said that Alito has rejected political labels and insisted that U.S. Supreme Court precedents, like the 1973 decision that legalized abortion, deserve respect.

But Alito, like previous Supreme Court nominees, has not said how he would rule on abortion or other cases that might come before the court, senators said.

Backers and foes have argued for years if the Constitution protects the right to have an abortion. The 1973 Supreme Court abortion decision had as its key legal underpinning the right to privacy.

The documents released on Monday were from the presidential libraries of Reagan and the first President George Bush, who nominated Alito in 1990 to the 3rd U.S. Circuit Court of Appeals.



By Thomas Ferraro

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