Alito Argued to Overturn Roe in 1985 Memo

Posted on December 23, 2005

WASHINGTON (AP) - Supreme Court nominee Samuel Alito wrote in a June 1985 memo that the landmark Roe v. Wade ruling legalizing abortion should be overturned, a finding certain to enliven January’s confirmation hearings.

In a recommendation to the solicitor general on filing a friend-of-court brief, Alito said that the government “should make clear that we disagree with Roe v. Wade and would welcome the opportunity to brief the issue of whether, and if so to what extent, that decision should be overruled.”

The June 3, 1985 document was one of 45 released by the National Archives on Friday. A total of 744 pages were made public.

Abortion has become a wedge issue in connection with Alito’s confirmation to take the Supreme Court seat held by Associated Justice Sandra Day O’Connor, who is retiring. The federal appellate court judge has been seeking to assure senators that he would put his private views aside when it came time to rule on the issue as a justice. O’Connor has been a supporter of the landmark 1973 Roe v. Wade ruling affirming a woman’s constitutional right to an abortion.

The documents released Friday are the latest involving Alito and abortion.

In paperwork released earlier from Alito’s time in the Justice Department’s solicitor general’s office, he recommended a legal strategy of dismantling abortion rights piece by piece. And as part of an application for a job as deputy assistant attorney general, Alito said the Constitution does not guarantee abortion rights.

The latest memo is certain to stir controversy as the Senate prepares for confirmation hearings for Alito, slated to begin Jan. 9.

Yes, the chances of a filibuster just got a lot higher. It will be quite an ugly fight this January for sure. I agree with Blogs for Bush:

It’s unfortunate that Democrats care more about protecting abortion rights than they do about protecting Americans from terrorism.

Indeed it is a shame.
Also reported at brietbart

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Comments

5 Responses to “Alito Argued to Overturn Roe in 1985 Memo”

  1. Elmo on December 23rd, 2005 4:51 pm

    He sounds like an activist judge to me. I thought you guys hated that type of judge.

    Oh, silly me, you just hate liberal activist judges. Conservative ones are OK.

  2. kender on December 23rd, 2005 6:49 pm

    Activist judges that MAKE law are what gets us angry elmo….get that distinction correct.

    Abortion should be a STATE ISSUE…..the federal government has no place in this issue…

    If this is given back to the states, watch many states outlaw it faster than you can scream “activist judge”.

  3. Jay on December 23rd, 2005 6:53 pm

    Exactly, thanks Kender. Libs think that if someone were to put things in the proper perspective of the Constitution that it would be Conservative activism. Activism by my definition is one that creates law instead of interprets it.

  4. loboinok on December 23rd, 2005 7:12 pm

    DEMOCRATS are getting cold feet about starting an abortion fight over Supreme Court nominee Sam Alito — because if they do, they could lose big-time in the court of public opinion.

    http://www.nypost.com/commentary/30636.htm

  5. apostle on December 24th, 2005 3:53 am

    Yes Elmo. Alito is an activist judge. Where is that right to privacy by the way? I keep looking at the Constitution and I don’t see any. Oh, yeah. Lib judges made it up.