Specter hopes to curb criticism

Sen. Specter acknowledged he was unnerved by the criticism.
KNIGHT RIDDER NEWSPAPERS
WASHINGTON -- Senate Judiciary Committee Chairman Arlen Specter, R-Pa., held a hastily arranged meeting Friday with Judge Samuel A. Alito Jr. -- suggested by the White House -- in an effort to arrest a surge of criticism surrounding the Supreme Court nominee's views on abortion.
After the meeting, Specter said Alito assured him that "his personal feelings would not be a factor in his judicial decision."
Specter acknowledged he was unnerved by the barrage of criticism.
"I don't think his nomination is in trouble, and I'd like to see the judgment reserved for the Senate so we don't get into trouble," said Specter, referring to next month's scheduled confirmation hearings.
At issue were more documents dating from 1985 detailing Alito's efforts as a Reagan administration lawyer to dilute the Roe v. Wade decision legalizing abortion.
Previously, it had been disclosed that in a job-application memorandum written that same year, Alito stated that he did not believe the Constitution provided for a woman's right to an abortion.
Democrats have seized upon these documents to bolster their contention that Alito, now a judge on the U.S. Court of Appeals for the Third Circuit in Philadelphia, is a threat to a woman's right to choose whether to terminate a pregnancy.
After spending more than an hour with Alito, Specter held a news conference to say that Alito told him that his personal views would not be a factor in his rulings.
Sharp distinction
Alito "raised a sharp distinction, as he put it, between his role as an advocate and his role as a judge," Specter said, occasionally referring to notes of their meeting.
"And with respect to his personal views on a woman's right to choose, he says that that is not a matter to be considered in deliberation on a constitutional issue. ... The judicial role is entirely different," the senator added.
Specter stopped short of saying that abortion-rights supporters should not be concerned that Alito might seek to chip away at Roe.
"I would say that they ought to await his testimony before coming to any conclusions," the senator said.
At times raising his voice, Specter said he had become increasingly concerned with the criticism being aimed at Alito. He said he did not want a "replay" of what happened to White House counsel Harriet Miers, who he said was "sort of run out of town on a rail."
Miers withdrew her nomination under attack by conservatives, and President Bush nominated Alito in her place Oct. 31.
Specter said it was his idea to contact the White House and propose a way for Alito to counter the criticism. The senator suggested that Alito respond to a letter from him outlining the concerns. Specter said the White House said such a letter would be outside historical protocol.
"They asked if I would talk to him," Specter said, "and I said it wasn't my preference, but I would."
Keep field level
At the outset of the news conference, Specter said his job as chairman "is to keep the playing field level and to be sure that there is a fair hearing" for the nominee.
Some legal scholars wondered if Specter was not going too far and acting instead as an advocate.
"I think he's gone way beyond his role as chairman of the committee and his role, as he described it, as neutral arbiter," said David Kairys, a civil rights attorney who teaches constitutional law at Temple University Law School. "I think it's inappropriate; he's being the PR person for the nomination."
Specter said he was presenting Alito's replies to the questions that had been raised "since the precedents [of prehearing comments by the nominee] do not allow him to do so."
As a lawmaker who generally supports abortion rights, Specter said he would begin his first round of questioning on abortion and Roe and the importance of precedent.