Supreme Court Nominee Eases Abortion Stance

Supreme court nominee Samuel Alito yesterday attempted to mollify Democrat critics by distancing himself from a statement he made 20 years ago opposing abortion, and said he would deal with the issue with an open mind in office.

On the second day of Senate judiciary committee hearings, President George Bush's choice for America's highest court also said no president or court is above the law - even in time of war - as he addressed questions on executive powers in the wake of revelations over domestic eavesdropping by the administration.

Mr Alito, a conservative who would swing the court to the right, said his writings opposing abortion during his time as a government lawyer under Ronald Reagan in the 80s reflected an attorney representing a client's interest. If faced with an abortion case as a supreme court judge, "I would approach the question with an open mind".

Mr Alito said he agreed "that the constitution protects a right to privacy", an interpretation that underpins the supreme court's 1973 Roe v Wade ruling that legalised abortion.

However, he also defended his 1991 judicial vote that women seeking abortions must notify their husbands, telling the committee: "I did it because I thought that's what the law required."

Abortion rights groups have vehemently opposed the nomination of Mr Alito, 55.