rule could be made to overrule the simple majority that the Constitution requires for confirming a Supreme Court Justice. Senator Charles Schumer (D) asked Alito whether statements in his 1985 'Personal Qualifications Statement' when applying to be an Assistant Attorney General under Pres. Ronald Reagan represented his views at the time and also whether they represent his views today. Alito gave an answer about stare decisis and the process he would use to consider how he would decide issues that might come before him. Senator Schumer responded, stating that Alito had stated forthrightly that "the Constitution does not protect a right to an abortion". Schumer said that "it's important that you (Alito) give an answer." Alito replied that if a case involving abortion rights came up, he would use a judicial process. Schumer rejoined ... "I'm not asking about a process;.... Do you still believe it?" Schumer remarked "I'm not asking you about case law". Schumer then asked whether the "Constitution protects the right of free speech" whereupon Alito agreed. Schumer then compared that question with the question of whether the Constitution protects the right to an abortion. Senator Schumer then made an elliptical comment about hypothetical in-laws. Schumer said that he didn't expect Alito to answer the abortion question. Schumer mentioned the National League of Cities v. Usery case and how it was overruled by Garcia v. San Antonio Metropolitan Transit Authority and how Lawrence v. Texas overruled Bowers v. Hardwick and Brown v. Board of Education overruled Plessy v. Ferguson. So Alito agreed that stare decisis is not inviolate. Senator Schumer made allusions to Justice Clarence Thomas's views on stare decisis, which he claimed included a call for Buckley v. Valeo, Calder v. Bull and a long string of cases establishing Supreme Court precedent to be overturned. Senator John Cornyn (R) characterized Senator Schumer's questioning as of the "When did you stop beating your wife?" style and remarked that if Schumer can mention in-laws, he can mention a wife. Cornyn said that the word "abortion" is not in the Constitution; Alito said, "The word that appears in the Constitution is liberty." He further claimed that "There is no express reference to privacy in the Constitution. But it is protected by the Fourth Amendment, plus in certain circumstances by the First Amendment, and in certain circumstances by the Fifth and the Fourteenth amendments." Day 3 (Jan. 11) Senator Dick