The National Abortion Federation opposes the re-nomination William Pryor to the Eleventh Circuit Court of Appeals. The Eleventh Circuit covers Alabama, Georgia, and Florida. It is paramount that any judge nominated to the federal bench be able to fairly evaluate the issues that come before him or her, and, regardless of any personal views about abortion, uphold Roe v. Wade and impartially apply the law to issues of violence against reproductive health care providers. NAF believes that the adamantly anti-choice record of Pryor calls into question his ability to fairly adjudicate matters such as these and urges the Senate to reject his nomination. President Bush issued Pryor a recess appointment to the Eleventh Circuit on February 20, 2004 after the Senate had rejected his nomination. Now, Judge Pryor is before the Senate again - if he is confirmed this time, it will be a lifetime appointment.
William Pryor has made no secret of his hostility to legal abortion. In 1997, while serving as Alabama Attorney General, Pryor told the Wall Street Journal: "I will never forget Jan. 22, 1973, the day seven members of our highest court ripped the Constitution and ripped out the life of millions of unborn children."1 Pryor's virulent antiabortion stance remains unchanged. In 2002, he indicated that he believed abortion should only be legal to save a woman's life, and said he believes Roe v. Wade to be an "abominable decision."2 Although Pryor acknowledged that he was "obligated to obey ...[the Supreme Court's ruling in Stenberg v. Carhart (Carhart I)], until it is overruled or otherwise set aside,"3 he clearly stated that he did not agree with the Supreme Court in this case. His unequivocal position on abortion leaves no doubt that as a circuit court judge, Pryor would have the opportunity to weaken or even attempt to overturn Roe. Other public statements indicate that Pryor may not respect Roe as precedent. In a speech before the Montgomery Bar Association in 2000, Pryor lamented that courts had decided the issue of abortion, and implied that it was better decided by people and communities and the state legislatures.4 He characterized Roe as a political decision, with no basis in the plain language of the Constitution.
As Attorney General of Alabama, he supported a bill that would have allowed lawyers who oppose abortion to act as a guardian ad litem5 for the fetus against minors who went before judges to seek permission to have an abortion without their parents' knowledge. The Attorney General's office would have been notified as soon as a minor sought a judicial bypass. This type of legislation threatens the confidentiality of minors seeking judicial bypass and creates an additional barrier for young women already in difficult situations. Pryor's support of this unconstitutional legislation demonstrates that he cannot temper his political views when making legal judgments.
As a prospective jurist to the Eleventh Circuit, which includes states that have suffered some of the most extreme antiabortion violence in the country, Pryor's actions in this area must be examined. During his tenure as Attorney General, Pryor signed on to an amicus brief urging the Supreme Court to hold that the Driver's Privacy Protection Act (DPPA) was unconstitutional.6 The DPPA prohibits state departments of motor vehicles from disclosing personal information, such as addresses, about individuals without their consent. Enacted in part to protect abortion providers and patients from stalking, harassment, and violence, the Supreme Court upheld the law. Pryor's position against the law raises concern that he is not attuned to the issues of harassment and violence directed at abortion providers and their patients.
However, Pryor should have been very much aware of the real threat of violence; in January of 1998, a bombing at a clinic in Birmingham, AL, killed an off-duty police officer and severely injured a nurse.
Pryor's opposition to the DPPA is not the only indication that he is not responsive to the critical needs of abortion providers and their patients to be protected from harassment and violence. Pryor hired Jay Sekulow of the American Center for Law and Justice (ACLJ) to be a Deputy Attorney General of Alabama. Founded by Pat Robertson, the ACLJ has challenged federal, state, and local laws protecting access to reproductive health facilities, including the Freedom of Access to Clinic Entrances Act, and has defended anti-abortion activists in dozens of cases involving clinic demonstrations and blockades. As a nominee to a circuit where abortion providers have been murdered, and clinics have been bombed and attacked with butyric acid,7 it is imperative that Pryor demonstrate that he can serve as a fair and independent jurist. His record indicates otherwise.
The nomination of William Pryor to the Eleventh Circuit is an obvious effort to restrict access to safe and legal abortion and promote a radical agenda that lies well outside of the mainstream.8 In an ongoing parade of the country's most conservative and anti-choice judiciary candidates, William Pryor stands out as one of the most extreme. The Senate has already rejected Pryor and voted against his nomination to the Eleventh Circuit Court of Appeals and should do so again.
- Kelly Green, "Pryor Hopes to Ride Court Crusade to Top," Wall Street Journal, May 21, 1997.
- NARAL Pro-Choice America, Who Decides?, 12th ed. Jan., 2003, p. 1.
- Press Release, Oct. 31, 2000 available at www.ago.state.al.us/news/103100.htm.
- Available at www.ago.state.al.us/issue/lawday00.htm.
- Guardians ad litem are commonly appointed in litigation where a minor or a legally incompetent adult is a party, to represent and protect their interests, such as in a custody battle.
- 1998 U.S. Briefs 1464.
- NAF has tracked incidents of violence and disruption for over 25 years and maintains comprehensive statistics.
- The Atlanta Journal-Constitution recently termed Pryor a "Christian Right extremist" in an editorial decrying his radical views. May 6, 2003 page 10A.
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