Won’t Bring Conservative Agenda to Court--Scalia : Refuses to Give Stand on Abortion

Antonin Scalia refused to reveal today how he would rule on abortion if he sits on the Supreme Court and told his confirmation hearing that he would not bring a conservative agenda to the high court.

Sen. Edward M. Kennedy (D-Mass.) asked Scalia, a Roman Catholic and the father of nine, if he would overrule Roe vs. Wade, the Supreme Court decision that legalized abortion. The question drew an audible gasp from the audience.

“I don’t think it would be proper for me to answer that question,” Scalia said, explaining it was an issue that might come before the high court again.

Kennedy noted that critics have said Scalia was nominated to the court by President Reagan because of his anti-abortion views.

‘I Have No Agenda’

“I assure you I have no agenda,” Scalia said. “My only agenda is to be a good judge.”

Scalia, a member of the U.S. Circuit Court of Appeals for the District of Columbia since 1982, began his testimony this afternoon following opening statements by members of the Senate Judiciary Committee.

Scalia was hailed as a brilliant jurist, and Republican senators urged his speedy confirmation to the Supreme Court.

Numerous senators said Scalia’s nomination is a proud day for America because he would be the first Italian-American to serve on the high court.

Sen. Daniel Patrick Moynihan (D-N.Y.) formally helped introduce Scalia to the judiciary committee by praising his intellectual qualifications.

Represents ‘Academics’

Moynihan said Scalia represents “another ethnic group--that is to say the academics.” Both Moynihan and Scalia have been college professors.

Practically the only disparaging words were from Kennedy, who said Scalia is insensitive to women’s rights.

Reagan named Scalia to take the place of Associate Justice William H. Rehnquist, whom Reagan wants to take the place of retiring Chief Justice Warren E. Burger.

Democrats said his nomination raised fewer questions and concerns than that of Rehnquist.

Scalia, 51, who attended the hearings accompanied by his wife, Maureen, and their nine children, ages 6 to 25, was given the American Bar Assn.’s highest rating for judges.

Meanwhile, Rehnquist told the Senate Judiciary Committee in a letter released today that he forgot his lawyer told him his Vermont property had a deed prohibiting its sale to Jews.

Letter Found in Files

In a letter dated Monday, Rehnquist told Senate Judiciary Committee Chairman Strom Thurmond (R-S.C.) he reviewed his files after his confirmation hearing last week and found the letter describing his Vermont summer property.

“While I do not doubt that I read the letter when I received it, I did not recall the letter or its contents before I testified last week,” his letter said.

Rehnquist said he instructed his lawyer, David Willis, last week to take the legal measures necessary to remove the restrictive covenant from the property.

In a letter dated July 2, 1974, Willis wrote Rehnquist that the property has various restrictions including “ownership by members of the Hebrew race.”

The restrictive covenant, and another on a home Rehnquist once owned in Phoenix, were revealed during the hearings. Rehnquist said at the time that he was unaware of the restrictions, which were once common and are now illegal and unenforceable.