Alito is backing away from abortion remark

WASHINGTON — The Samuel Alito who argued against abortion rights in 1985 was "an advocate seeking a job" with the conservative Reagan administration, the Alito who is now a Supreme Court nominee told Democrats Tuesday.

The current version "thinks he's a wiser person" with "a better grasp and understanding about constitutional rights and liberties," senators said as Alito tried to play down a 20-year-old document in which he asserted "the Constitution does not protect a right to an abortion."

At the same time, some anti-abortion groups warned Alito not to go too far if he hopes to retain their support.

"A nominee who is willing to take the seemingly mandated Roe oath, whereby they testify that it is settled law, never to be overturned, is not the type of justice worthy of pro-life support," said Stephen G. Peroutka, chairman of the National Pro-Life Action Center.

President Bush nominated Alito last month as the replacement for retiring Justice Sandra Day O'Connor, who has been a crucial swing vote on contentious issues including abortion during her 24-year high court career.

Alito was Bush's second choice after White House counsel Harriet Miers withdrew under withering criticism from conservatives.

Liberals now are concerned that Alito and recently confirmed Chief Justice John Roberts would swing the Supreme Court to the right and perhaps overturn the landmark 1973 Roe v. Wade decision that established abortion rights.

Alito, who served for 15 years as a judge on the 3rd U.S. Circuit Court of Appeals, worked Capitol Hill Tuesday following the release of his 1985 application to be deputy assistant attorney general.

In that document, the younger Alito touted his work in the solicitor general's office against abortion, work "in which I personally believe very strongly."

Republicans said there was nothing wrong with that.

"This man is a conservative," said Sen. Saxby Chambliss of Georgia. "He's been a conservative all his life, and in 1985 when he was applying for a job, he reiterated that fact in his application."

But the 55-year-old judge said Tuesday that things are different now, Democratic Sens. Dianne Feinstein of California and Edward Kennedy of Massachusetts said after meeting with him privately.