Senator Feinstein had some pretty clear warnings about the appointment of Alito, in her Judiciary Committee statement today. Apparently she feels the best thing for America is to vote against his nomination to the bench:
I listened carefully to the testimony of many legal specialists, including professors in constitutional law. I listened to Professor Tribe. And something he said really struck me.
This is what he said: ‘The court will cut back on Roe v. Wade step by step, not just to the point where, as the moderate American center has it, abortion is cautiously restricted, but to the point where the fundamental underlying right to liberty becomes a hollow shell.’
And then I began to think about all of the things the fundamental right to liberty in this country encompasses such as: end of life decisions, privacy of medical records, privacy from unwarranted government intrusion.
On February 6 we begin the discussion and hearings on an interpretation of the use of force resolution to countenance something that none of us ever thought it would countenance – a threat to this liberty interest.
And I came to the conclusion that the fundamental right to liberty is at issue with this nominee.
It has nothing to do with his qualifications and his credentials. But it does have something to do with how far we are willing to see this Court move to the right and out of the mainstream of legal thinking in this great country.
And I, for one, really believe that there comes a time when you just have to stand up, particularly when you know that the majority of people think as you do.
And I truly believe that. I really believe the majority of people in America believe that a woman should have certain rights of privacy, modified the state, but a certain right to privacy. And if you know that this person is not going to respect those rights, but holds to a different theory, then you have to stand up.
And so all of this is in answer to Senator Kyl, because this is a hard vote. But it is a vote that is made with the belief that legal thinking and personal views, especially at times of crisis, at times of conflict, and at times of controversy do mean something. And those of us that don’t agree with the view have to stand up and vote no.
And so I am one of those.
I think