November (Web-only) 2005

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As in the John Roberts confirmation debate, the main question being asked of Supreme Court nominee Samuel Alito Jr. is how he might rule in abortion cases, especially in a case that offers the opportunity to overturn Roe v. Wade.

But anti-abortion groups are reluctant to endorse Alito on such grounds, preferring to focus on judicial theory instead.

Judie Brown, president of American Life League (ALL), said her group supports Alito's confirmation because "we came to the conclusion that he is a strict constructionist. We can understand why he decided what he did, and this is one of the first times we have seen a judge stick to interpreting the law."

Having more justices who interpret—not make—laws "is how we will win" the abortion war, she said.

Peter Samuelson, president of Americans United for Life (AUL), echoed the need for justices who will interpret and not make law.

"We're certainly hopeful that Alito is confirmed," Samuelson said, and he is hopeful that Alito and Roberts "will move the court back to interpreting the law."

But if Alito is confirmed, others say pro-life groups shouldn't prepare the invitations to the long-awaited end-of-abortion party.

"One of the greatest myths being spread in Washington today is the claim that legalized abortion is about to end in the United States," said Kurt Entsminger, Care Net, which supports 900 pregnancy centers across the United States and Canada. "The truth is that Roe v. Wade is unlikely to be overturned any time soon. Even if Judge Alito is confirmed and even if both Roberts and Alito turn out to be votes for overturning Roe, there will still be a 5-4 majority on the Court in favor of upholding Roe," he noted.

But that's still more than one vote from ending abortion, said ...