Alito Wanted to Challenge Roe V. Wade by Kevin

I think we have pretty much determined that Alito would vote to overturn Roe v. Wade:

upreme 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 assistant to the solicitor general, urged his boss 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.”

In the memo, Alito suggested that the government challenge Roe in an amicus , or friend-of-the-court, brief in an abortion case that itself did not challenge the 1973 decision legalizing abortion. This approach, he wrote, is better than a “frontal assault.”

“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.”