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Alito Advocated Overturning Roe v. Wade in '85 Memo

By Jeralyn, Section Sam Alito
Posted on Fri Dec 23, 2005 at 09:11:20 AM EST
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The National Archives today released additional memos written by Judge Sam Alito, including one in 1985 that advocated overturning Roe v. Wade.

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."

In another memo, he supported the ability of government officials to order domestic wiretaps:

Supreme Court nominee Samuel Alito defended the right of government officials to order domestic wiretaps when he worked for the Reagan Justice Department, documents released Friday show. He advocated a step by step approach to strengthening the hand of officials in a 1984 memo to the solicitor general. The strategy is similar to the one that Alito espoused for rolling back abortion rights at the margins.

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    Alito Advocated Overturning Roe v. Wade in '85 Memo | 12 comments (12 topical)
    Re: Alito Advocated Overturning Roe v. Wade in '85 (none / 0) (#1)
    by Talkleft Visitor on Fri Dec 23, 2005 at 10:06:41 AM EST
    If abortion is ever banned the Right will proceed to the next step. Contraception will be attacked. Adultry criminalized. Premarital sex criminalized. Nothing will sate their desire to regulate and control the sex lives of people until we're a misogynistic theocracy akin to those in the Middle East. If men could somehow get laid and perpetuate the species without the assistance of women I swear they'd just as soon kill them all as coexist with them.

    Re: Alito Advocated Overturning Roe v. Wade in '85 (none / 0) (#2)
    by Che's Lounge on Fri Dec 23, 2005 at 10:29:57 AM EST
    Gawd how transparent can you get? The guy's a right wing idealogue. In other words, he's a perfect fit for the New Fatherland.

    Re: Alito Advocated Overturning Roe v. Wade in '85 (none / 0) (#3)
    by Bill Arnett on Fri Dec 23, 2005 at 01:22:13 PM EST
    I think that only a few conservatives (if that word any longer has meaning) realize that the overturning of Roe v. Wade would be the death knell of the Gay Opposition Party, as it would finally force all the "fence-sitters" to make a stand. Remember the Catholic Church's insistence on "no birth control ever" policy? Millions fled the church or severely cut back their support of it. Rethuglican repeal of Roe would absolutely cause a spontaneous outbreak of common sense, resulting in a revolt that would DWARF the response of the Catholics as women were forced to deal with a bunch of old white men telling them what they can or cannot do with their own body. Think it can't happen? Remember Terry Schiavo? They couldn't even let the poor women die with dignity and in peace. May she rest in peace.

    Re: Alito Advocated Overturning Roe v. Wade in '85 (none / 0) (#4)
    by ras on Fri Dec 23, 2005 at 02:01:09 PM EST
    Slow news day? This is the same memo that was reported on weeks ago and was discussed extensively at the time. All that digging and still nothing new to attack with to counter the latest poll results showing Alito as popular as Roberts was? He's looking like a pretty safe bet indeed. Note too that the memo discussed not necessarily overturning RvW completely, but rather "to what extent," which - even presuming Alito at the time fully agreed with his employer/client, and further assuming he still does - would define a position supported by a vast majority. [Most people favor a position somewhere between the two extremes, which is why polling by advocates from both sides generally emphasizes the endpoints rather than the middle.] This is all starting to remind me of that lady who says Letterman's stalking her. No, really, it's all true if you'll just see.

    Re: Alito Advocated Overturning Roe v. Wade in '85 (none / 0) (#5)
    by Talkleft Visitor on Fri Dec 23, 2005 at 02:07:07 PM EST
    ras-- close but no cigar. This is different memo corroborating the previous one. But hey, rigorous fact checking is not a hall mark of the Modern (supposedly)Conservative Repuglican.

    Re: Alito Advocated Overturning Roe v. Wade in '85 (none / 0) (#6)
    by ras on Fri Dec 23, 2005 at 02:36:05 PM EST
    ShermBuck, This is different memo... Nope, it's the exact same one. You can see it here, for example, where it was released Dec 1st. Like I said, weeks ago. I await your humble retraction.

    Re: Alito Advocated Overturning Roe v. Wade in '85 (none / 0) (#7)
    by BigTex on Fri Dec 23, 2005 at 02:43:25 PM EST
    This is a giant rabbit trail. Count the votes. The liberal 4 and Kennedy have all signaled unwillingness to overturn Roe. Roe is safe. Now, piecemeal, some rights associated with Roe may fall (and after viability should fall), but the core decision is in no danger. BA probabally has it right that the overturning of Roe would be a set back for republicans, but piecemeal repealing would be a benefit for republicans, as it would make a purely liberal instrumentalist created law more in line with true liberal instrumentalist philosophy... that the law is malliable to meet what the country is set to accpet for rights. Back in the day Roe was decided the Court didn't follow a true liberal instrumentalist philosophy, they followed a liberal instrumentalist activist philosophy. Add to that the country becoming more supportive of viable embrio rights, and the liberal insturmentalists, if they were going to be true to their philosophy, would cut back some of the protections derived, but not granted by, Roe. This would be a huge victory for the republicans that would help in the next election, but no further than that.

    Re: Alito Advocated Overturning Roe v. Wade in '85 (none / 0) (#8)
    by soccerdad on Fri Dec 23, 2005 at 03:31:11 PM EST
    Nope, it's the exact same one. You can see it here, for example, where it was released Dec 1st. Like I said, weeks ago. I await your humble retraction.
    It appears to be the same memo but was not "released" officially until today by the National Archives but was certainly available before. link

    Re: Alito Advocated Overturning Roe v. Wade in '85 (none / 0) (#9)
    by ras on Fri Dec 23, 2005 at 04:38:53 PM EST
    Thx for the confirmation, Soccerdad, Like I said, TChris & Shermbuck, this is old news. Given that it comes on the heels of a poll showing support for Alito at about the same level as it was for Roberts, it looks like, in spite of doing their best to dig up dirst on the guy: All the Dems' diggers, And all the Dems' pens Couldn't Bork Samuel Alito again Given the effort going into it and the amount of time they've had, if this is the best they can come up with - a mischaracterization of a decades-old memo already reported weeks ago - the truly scary thing about Alito is that he's so squeaky clean it's ... well, scary :)

    Re: Alito Advocated Overturning Roe v. Wade in '85 (none / 0) (#10)
    by ras on Fri Dec 23, 2005 at 04:41:35 PM EST
    Oops, I meant TL & Shermbuck, not TChris. T for two Is more than Ras can do Just let him stew This thread is nearly through

    Re: Alito Advocated Overturning Roe v. Wade in '85 (none / 0) (#11)
    by demohypocrates on Fri Dec 23, 2005 at 10:36:18 PM EST
    This memo is twenty years old. Roe was only 13 years old at the time. To hold him now after Roe has been hashed out and re-tooled so often for 20 years to comments he made 20 years ago, shows that you really dont understand what it means to be a constituitional scholar and interpreter. He has said that Roe is settled law, which, because of precedent, is a far different circumstance than it was 20 years ago. He doesnt need to be intellectually consistent because, as a judge, he has to respect the precedents of the decisions that preceded his. That being said, I want to see an reargument of Roe on the Constitutional merits. It is one of the most poorly reasoned opinions in the history of the Republic. It was a New Age invention of rights. EVERY single debate about the constitutionality of Roe ends up with a discussion about back alley abortions. There is no 'back alley abortion exception' to the constitution. But in the arrogance of the Left, they make their own law. Well, Alito will be confirmed and the right will reclaim 'That Stupid Court' we have waited for. Aint the sky bright?

    Re: Alito Advocated Overturning Roe v. Wade in '85 (none / 0) (#12)
    by Talkleft Visitor on Sat Dec 24, 2005 at 06:00:32 AM EST
    Demo: Intellectual inconsistency or no, hey, we just don't want another lying sack - like Thomas - who says what he thinks the Senate wants to hear at his confirmation hearings and then does whatever the hell he wants anyway when on The Bench. One scumbag (and five traitors) on the USSC is more than enough. And, besides, no matter what The Great and Powerful Alito may say, past performance is overwhelmingly the best indicator of future performance - as any old FBI man (or woman) will tell you. Lastly, and most tellingly, Alito has a documented past of telling future employers exactly what they want to hear. If it looks like "a Thomas" and smells like "a Thomas", then, by golly, it sure as hell is damned likely to be "a Thomas". Fool me once, shame on you; fool me twice, shame on me. The Senate should be all over this clown!

    Alito Advocated Overturning Roe v. Wade in '85 Memo | 12 comments (12 topical)