Memo: Alito Urged Government to Challenge Roe v. Wade

Supreme Court nominee Samuel A. Alito Jr. was an architect of the Reagan administration's failed 1985 attempt to have the high court consider overruling Roe v. Wade, according to a memo from the period released today.

Alito, then a deputy assistant attorney general in the Justice Department's Office of Legal Counsel, urged the solicitor general to use a case before the court to "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."
....
"It has most of the advantages of a brief devoted to the overruling of" Roe , he wrote. "It makes our position clear, does not even tacitly concede Roe 's legitimacy, and signals that we regard the question as live and open."

He added that the approach was "free of many of the disadvantages that would accompany a major effort to overturn Roe . When the court hands down its decision and Roe is not overruled," he reasoned, the decision "will not be portrayed as a stinging rebuke" to the administration.

http://www.washingtonpost.com/wp-dyn/content/article/2005/11/30/AR2005113000723.html

he was trying to get a job. Now, this comes to light.

Alito is a very slippery soul.

Simple as that.

If gets on the court, he should have to recuse himself from all cases related to abortion.

He is a political activist on this issue, not a judge.

:nuke:

(Alito's chances of confirmation)

Thank goodness this came out before the hearings.

http://www.usatoday.com/news/washington/2005-11-30-alito_x.htm?POE=NEWISVA

WASHINGTON (AP) — As a Reagan administration lawyer in 1985, Samuel Alito made clear his hope that the Supreme Court would one day overturn a landmark ruling that established abortion rights.

But Alito, now a Supreme Court nominee, argued against an all-out assault on the Roe v. Wade ruling, fearing such an assault would fail. Instead, he recommended a policy of "mitigating its effects" by trying to persuade justices to accept state regulations on abortions.

While working as an assistant to the solicitor general, Alito called for the office, which represents the federal government before the Supreme Court, to help defend provisions of the Pennsylvania Abortion Control Act. Some of the act's provisions had been overturned by a panel of the 3rd U.S. Circuit Court of Appeals in the case American College of Obstetricians and Gynecologists v. Thornburgh.

Alito wrote in the memo, released by the National Archives on Wednesday, that "no one seriously believes that the court is about to overrule Roe v. Wade."

But, he said, "By taking these cases, the court may be signaling an inclination to cut back. What can be made of this opportunity to advance the goals of bringing about the eventual overruling of Roe v. Wade and, in the meantime, of mitigating its effects?"

...more...

this opportunity to advance the goals of bringing about the eventual overruling of Roe v. Wade

So this was indeed the "goal" and therefore, by association, his goal

people that the Senate would vote him down? Not likely I'm afraid. Ol' Bobble Head (Alito) is a slam dunk unless there is a filibuster. Course Frist isn't looking to shinny right now so there may be hope. Bobble Head has a record of narrow mindedness and he appears totally convinced he is mentally far and above the peons that he is ruling on and for.

I think our freedom is just about mitigated to death.

Supreme Court Nominee Wrote Memo In 1985 as Justice Department Lawyer

Thursday, December 1, 2005; A01

As a Justice Department lawyer in the Reagan administration, Supreme Court nominee Samuel A. Alito Jr. helped devise a legal strategy to persuade the high court to restrict and eventually overturn Roe v. Wade , the historic decision legalizing abortion.

In a memo disclosed yesterday that he wrote in 1985 as an assistant to the solicitor general, Alito recommended that the administration submit a brief to the Supreme Court, asking it to uphold a Pennsylvania law that imposed a variety of abortion restrictions and "make clear that we disagree with Roe v. Wade ."

Alito argued in the 17-page document that stepping into the case, Thornburgh v. American College of Obstetricians and Gynecologists , would be a more effective strategy for President Ronald Reagan than a "frontal assault" on the landmark case and would not "even tacitly concede Roe 's legitimacy." Disagreeing with the administration's position, the court struck down the Pennsylvania law the following year.

Coming on a day when the Supreme Court heard oral argument in the most significant abortion rights case to reach the court in five years, the abortion memo immediately touched off intense new criticism from Democrats -- and hesitancy among some moderate Republicans -- over Alito's nomination.

more…
http://www.washingtonpost.com/wp-dyn/content/article/2005/11/30/AR2005113000723.html

Who would have not thought that this Administration would choose to have their nominee conceal the truth of his intent to overturn Roe v. Wade?

I am unstunned into vociferousness.

http://www.washingtonpost.com/wp-dyn/content/article/2005/11/30/AR2005113000723.html

Alito Helped Craft Reagan-Era Move To Restrict 'Roe'
Supreme Court Nominee Wrote Memo In 1985 as Justice Department Lawyer

By Amy Goldstein and Jo Becker
Washington Post Staff Writers
Thursday, December 1, 2005; Page A01

just like the stupid counterfeit Murtha resolution. they don't want to accomplish anything. they only want to create wedge issues and distractions for political gain.

in 2006 and in 2008?

A board I used to frequent (stopped, too many evil, hateful, narrow minded repukes) had a few members that used to say regularly that Roe v. Wade would never be overturned because it would only serve to be a huge thorn in the side of the GOP for years to come.

Personally, I didn't put much stock in these theories. Again they came from the mouths of republicans...need I say more?

But I've seen this same theory tossed around on these boards, so now I'm beginning to wonder.

*I* think the far right extremists want it overturned at all costs, and are too stupid too think of any negative repercussions it may offer long term to their party. I also think many in the GOP have lived for the day they could make Roe history and nothing would make them happier than to get Alito a seat--they could then die happy at last.

Any thoughts or opinions on this?

support the Administration position, I think we already know that Alito is going to be at least as bad as Roberts. . .and the wingnuts are not going to approve any nominee who isn't going to rule against a citizen's right to privacy. . .it is just something they don't believe in at all.

I turned in my 64-page questionnaire to the senate yesterday. Abortion is just one small part of my agenda to take all human rights and put them in the hands of government.

I talk all about it on my blog

The Right Honorable Samuel A. Alito, Jr.
(the A stands for Awesome)

:rofl:

We'd sure rather have you here than on the Court. :)

:eyes:

got to be anti-Roe, anti-environment, and pro-corporatist. Are we surprised? This guy's nomination was hailed by the neo-cons and religious RWingnuts

I swear to God if DiFi votes for him after *this* I won't vote for her ever again, and I'll tell her so.

Senator Feinstein:

After recent revelations about Samuel Alito's stance on Roe v. Wade (and other issues), it's abundantly clear that he's unsuited to sit on the Supreme Court. As your constituent, I expect you to do everything within your power to rebuff the candidacy of such a clearly unnaceptable Justice. This would include questioning him closely in his hearings, voting against him on the Judiciary Committee, and if necessary filibustering against his nomination.

If you fail to do any of these three things, you will have lost my vote FOREVER. In fact, any time you run, I'll support more progressive Democratic candidates in a primary election.

This is no time to play nice with an administration that clearly does NOT have the best interests of the American people at heart.

might listen but Joe's gone repuke lately.

In her case, I expressed my support because I know she'll do the right thing. :loveya:

With some 75% of voters being pro-choice, a fundamental human right is being lost should wake up the 'silent middle' and make them realize it not the left who is taking away rights....it's the right wing christians.

When he tried to back pedal on that 'job application' in which he said he was so proud of his anti-Roe work. He's afraid .... of American Women!!!!! (and the great, beautiful progressive men in our lives!!). On some level he KNOWs we could stop his fascist crew in its tracks if we got mad enough. Was anyone at the march on D.C. a few years ago? THAT made the cover of my local newspaper, and national news seldom does.

Get him OUT of here!!!:argh:

How much damage are these guys going to do quicky before The Puppet gets out of office?!?!?!?