Patterico's Pontifications


1985 Alito Memo

Filed under: Abortion,Judiciary — Patterico @ 10:47 pm

Here is a newly released 1985 Alito memo on a then-pending abortion case. (Via Confirm Them.) It further confirms Alito’s philosophical opposition to Roe. It also signals his cautious approach to such matters — supporting my conclusion that Alito (and perhaps Roberts) may favor an incrementalist approach to the eventual reversal of Roe.

4 Responses to “1985 Alito Memo”

  1. I would like to see Roe overturned because it stands as license for further Supreme Court tampering with our self-governing freedom.

    But I don’t think much will change. How many state legislatures would actually ban the procedure? One? Two? And NOW and NARAL would be in those states handing out bus tickets.

    Chris Malott (3e6fd0)

  2. The question is not which states would overturn the decision. The point is that states (and, thus, voters) should be allowed to make the decision. The Supreme Court should not be allowed to make laws in this country. That is the purpose of the legislative branch of government.

    Nick Watkins (eee6af)

  3. Personally I have some very mixed feelings about abortion but to use abortion as, “birth control” is abhorent to me and all the more so since there are so many ways today to make sure that a roll on the mattress doesn’t have to mean pregnancy any longer…

    Yet the Supreme Court in its Roe vs. Wade fiat decided what’s moral and legal for us and undercut the Constitution at the sametime…

    Are the pro-abort crowd that clueless about the Constitution that supporting abortion at all costs seems like a good idea to them?

    russ (ee21cb)

  4. […] Regarding that Alito memo on the Thornburgh case, Sen. Chuckie S. has been going around claiming that Alito tried to hide his involvement. Confirm Them has this entertaining bit from Alito’s then-boss, former Solicitor General Charles Fried: “I have never heard of anyone who worked in the solicitor general’s office who would list all the cases where they wrote memos,” Mr. Fried said. “There are hundreds of these. It’s just absurd. It’s one of these typical cases, and I’m afraid Senator Schumer is guilty of this, that if you can’t get someone on the merits, you bring up some phony lack of candor argument. He should be ashamed of himself, but he is shameless. And you can quote me on that.” […]

    Patterico’s Pontifications » Ashamed? Chuckie S.? (421107)

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