Bench Memos

NRO’s home for judicial news and analysis.

Schumer’s Round 2


Abortion: Reviewing testimony from yesterday. Stupid badgering about why Alito can’t address Roe but can address other issues. How many times does he have to say that he won’t address issues that might come before the court? Schumer seems to have caught the Biden bug, talking on and on.

Schumer: Is Roe “settled” or not? Why won’t you tell us? Alito has already answered this. Schumer interrupts Alito’s answer, alleges inconsistencies.

S: Your 1985 statement on abortion was absolute, w/o any exception.

A: It was a single summary sentence.

S: What if a woman was raped by her father? (Why can’t the political processes address “hard cases” like this?) Do you still refuse to distance yourself from your statement?

A: I was referring to the Thornburgh case.

CAP. Schumer: Is it fair to say that you joined around 1972? (Has he been listening? What’s wrong with these guys?) A: No.

S: You were a member of a lot of groups in 1985?

A: Some others.

S: Why did you put CAP on your application when you have such vague recollection of it? Why not put other groups, like the ABA, on it? (What a stupid Q.)

A: Form asked for information relevant to political position. Same reason I mentioned small political contributions but not charitable contributions. Since I don’t remember, I can’t answer more.

S: Why not put it on form in 1990?

A: Didn’t recall it.


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