Think Progress

Alito memo argued that Roe should be overturned.

In a 1985 memo, Alito recommended to the solicitor general 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.”



84 Responses to “Alito memo argued that Roe should be overturned.”

  1. IraqVet says:

    OK…Was this a surprise???

    C’mon Really? Did ANYONE think that this guy was impartial to abortion when he was HAND PICKED by BUSH?

    It is the classic BAIT and SWITCH!

    I was young, and working for Reagan, and it was my job to please my bosses…

    The good ‘ole Republican strategy, say whatever works to get the position and do whatever you want (even if it violates people’s rights) when you are appointed or elected!

    And people wonder why the U.S. is so hated, even more so than before!

    If BUSH wants to say it was a good year, then tell him to walk down the street and greet his “so-called” thankful Americans!!!

    CLINTON and CARTER can! But I guess they will blame them for that too!


  2. lutton says:

    Didn’t someone have a copy of this memo out there already? I seem to recall seeing it somewhere.


  3. unbelievable says:

    The Right thinks that life begins at conception and ends at birth. Of course he wants it overturned.


  4. lutton says:

    ah no, I found what I was remembering: a May 1985 memo discussing ‘mitigating’ Roe:

    http://jurist.law.pitt.edu/paperchase/2005/11/alito-memo-highlights-abortion-views.php

    [JURIST] While serving as an assistant to the solicitor general during the Reagan administration, US Supreme Court nominee Samuel Alito [official profile; JURIST news archive] advocated a gradual challenge to the fringes of Roe v. Wade, rather than an all-out assault on the landmark abortion ruling, according to documents [National Archives list] released Wednesday. In a memo [PDF text], Alito called for a policy of “mitigating” the effects of the decision by urging the Supreme Court to allow increased state regulation of abortions, in particular the Pennsylvania Abortion Control Act, part of which was struck down by the Third Circuit.


  5. nofreedom! says:

    The Right thinks that life begins at conception and ends at birth. Of course he wants it overturned.

    Comment by unbelievable —

    After Birth, They dont give a dammed!
    I HATE Politics!


  6. nofreedom! says:

    by The Way unbelievable —That is Pure Truth to what You Said.


  7. nofreedom! says:

    Just to Please His Majesty, The Pope( Who also work for Pontas pilot)


  8. unbelievable says:

    IraqVet,

    I’ve encountered a few posters who are not Americans and are living in other countries (the benefits of the world speaking English :), and they are watching our political events unfold with great concern. They are truly worried about what the Bush Regime is going to do next to make this world LESS safe. Because they see thatthat is exactly what happened. He’s not picking his battles, he’s fighting them all, and therefore winning none. Clearly, with 62 million people voting for this Administration in 2004 (minus the Diebold stolen votes) few people seem to see or understand this. I don’t know what to do. I sign petitions, write letters to everyone from congress to Bush himself, email my friends to death about speaking out. And to what avail? It’s like JFK said:

    Those who make peaceful revolution impossible will make violent revolution inevitable.


  9. hardass says:

    If it was his job to please Reagan ,what would stop him to pleas Bush ? where would his independence be in the SCOTUS ?
    I say the man is an ass kisser.


  10. nofreedom! says:

    Just say Hell No to Military Recruiters.
    Do NOT under ANY Circumstance , Join any Militia or military! Gandi said, if we Lay Down, THEY Cannot Fight us.


  11. RunningDogLackey says:

    #3

    unbelievable: Indeed. The Right only cares about you if you are:

    Unborn
    Born Rich
    Born Again
    Undead (Schiavo)
    Willing to Die (in their war du jour)


  12. unbelievable says:

    After Birth, They dont give a dammed!
    I HATE Politics!

    Comment by nofreedom! — December 23, 2005 @ 10:24 am

    I agree. People who are truly pro-life would help to make birth control easily available and affordable (because people are going to have sex), adopt or help children get adopted into loving homes because a child’s family life helps set his path for what kind of contributer to society he will become – and how he will treat others (see Hitler dialog from earlier posts on this subject), fight child abuse – especially by clergy members, fight hate, and learn acceptance and inclusion. For starters…


  13. wwallace says:

    Roe should be overturned, since there’s obviously nothing about abortion in the US Constitution.


  14. unbelievable says:

    #11

    The Right only cares about you if you are:

    Unborn
    Born Rich
    Born Again
    Undead (Schiavo)
    Willing to Die (in their war du jour)

    Comment by RunningDogLackey — December 23, 2005 @ 10:32 am

    How sadly true…


  15. unbelievable says:

    Roe should NOT be overturned, since there’s obviously nothing about abortion in the Bible.

    Let’s all ignore wwallace today…


  16. nofreedom! says:

    wwallace — I hold You liable to ALL The Poor That CANNOT AFFORD To Concieve and Raise Children. For every LIFE Born, YOU HAVE TO FINANCE THEIR LIVELYHOOD!


  17. nofreedom! says:

    And Stop Being a Dammed SCROOGE!


  18. nofreedom! says:

    There should be a LAW AGAINST CAPITALIST SCROOGES!


  19. The Witch says:

    There should also be a law against posting three times in a row. If you forget what you’re going to say the first time, I am cool with a second post, but after that, let’s face it, you’re just ranting ;-)

    Nah, never mind, freedom of speech and all that rot. Don’t mind me, I’m just witchy about the holidays. ;)


  20. BushSucks says:

    If they take away abortion rights, the pill would be next. The very devout pro lifer and religious believe it’s an abortifacient as well. Many of them would LOVE to see Planned Parenthood shut down.

    They JUST cut funding to social programs such as medicaid and Tanf yet they want these women to go on ahead and have their babies.

    My husband’s company went bankrupt and we lost insurance while I was pregnant in 01′. Did Medicaid help me? Nope!
    It’s only going to get worse.


  21. unbelievable says:

    Nah, never mind, freedom of speech and all that rot. Don’t mind me, I’m just witchy about the holidays. ;)

    Comment by The Witch — December 23, 2005 @ 10:46 am

    Any chance you could aim it at Bush and make it a witchy holiday for him instead??? :)


  22. unbelievable says:

    The funny thing is that they cry out against abortion in the name of Christianity, except that the Bible doesn’t address abortion, and if anything says that life begins at ‘breath’.

    Check it out for yourselves, I did a word search on the King James Version of an online Bible and there were ZERO results found. Here’s the link:

    http://www.biblegateway.com/quicksearch/?quicksearch=abortion&qs_version=9


  23. For Truth says:

    What would WWallace and all the other Right Wingers think if abortion was made to be illegal for white women, but legal for minorities? C’mon honestly, what do you Rightys think about that idea?


  24. For Truth says:

    “We believe in the sanctity of human life at all stages, now get me more ammo here”

    “Thou shalt not kill”


  25. coal_train says:

    Anti-abortion activists are notably absent from the ranks of those domestic groups being spied on by the different agencies of government, and unlike the bicyclists and peace activists, the anti-abortion groups have actually promoted and carried out violence.


  26. unbelievable says:

    In fact, the Bible is pretty luke warm in regard to wanted fetuses…

    New International Version (NIV)
    Exodus 21:22

    22 “If men who are fighting hit a pregnant woman and she gives birth prematurely [a] but there is no serious injury, the offender must be fined whatever the woman’s husband demands and the court allows.

    courtesy http://www.biblegateway.com


  27. unbelievable says:

    What would WWallace and all the other Right Wingers think if abortion was made to be illegal for white women, but legal for minorities? C’mon honestly, what do you Rightys think about that idea?

    Comment by For Truth — December 23, 2005 @ 10:57 am

    You KNOW they’d be lining up in droves in front of their Diebolds to vote for that!


  28. For Truth says:

    The minorities are having all the kids, white women get abortions. The government is using these religious freaks to meet their agenda of trying to get more white people in the population. At the current rate, minorities will outnumber whites in the foreseeable future. The white old men who run the place won’t have it.


  29. nofreedom! says:

    For Truth , You hit it on the Head. at all stages


  30. unbelievable says:

    For Truth,

    It was funny that while living in California, the Hispanic population actually surpassed all other ethnic groups to have a 50.2% majority – and surprisingly to all White Supremists, the state didn’t resort to utter chaos or implode…


  31. nofreedom! says:

    So, wwallace, are you willing to support right to life all the way from birth to old age? are you goimng to be responsible of raising them????till 18 yo


  32. nofreedom! says:

    wwallace copped out on this one. just like a chickenhawk


  33. hardass says:

    If bush was for abortion or neutral on the abortion issue .wwWallace would without question be of the same opinion . You see is a man of faith , faith in his leader is the only thing that counts .When http://www.quotes the constitution ,he only does it for justification of his myth .Not for love or respect of that revered document .


  34. For Truth says:

    The abortion issue is really about race. These Right Wingers really don’t give a crap about human life if it doesn’t suit thier needs.


  35. For Truth says:

    Would the Right be against abortion if they new the fetus was going to grow up to be a progressive, or a Dem, or a minority, or a terrorist, or a gay, or a drug addict, or a welfare recipiant?


  36. wisedup says:

    w.wallace,pick up your check from the repub. headquarters.that is all.


  37. For Truth says:

    These Righys are all about supporting the killing of thousands of people. But want to save unborn children, who can be molded and groomed to fit thier agenda. I don’t take the “faith based” justification seriously from these people due to all the contradictory behaviors they exhibit. If the Right was truly about faith, they would follow all the other faith based ideas, ie: High moral standard, telling the truth, not killing mass amounts of people, helping the poor and vulnerable, having forgiveness, etc.


  38. For Truth says:

    Looks like the point was made, on to another thread.


  39. kindness says:

    Abortion is only one of the reasons that we don/t want Alioto.

    He’s shown himself to be an activist judge from the conservative/fascist tolerating government side of things too.

    With all that has finally come out reguarding the trampling of our liberties we have an expectation to protect ourselves from government intrusion.


  40. unbelievable says:

    Bush really wants a friendly fascist face on the Supreme Court to help him out when he is facing them as the accused.


  41. nofreedom! says:

    Has Judd seen this breaking story yet? its on msnbc.

    Major demonstrations protest Iraq elections
    Huge marches allege vote fraud; Saddam lawyer claims proof of beating

    Karim Sahib / AFP – Getty Images
    Iraqis demonstrate outside the Omar al-Mukhtar mosque in western Baghdad calling for the cancelation of the results of the December 15 elections and the holding new contests.

    Updated: 9:48 a.m. ET Dec. 23, 2005


  42. Giacomo says:

    People who are truly pro-life would help to make birth control easily available and affordable (because people are going to have sex), adopt or help children get adopted into loving homes because a child’s family life helps set his path for what kind of contributer to society he will become – and how he will treat others (see Hitler dialog from earlier posts on this subject), fight child abuse – especially by clergy members, fight hate, and learn acceptance and inclusion.

    Let’s see –

    In NC, one can get birth control free from the health department …. check.

    I’ve adopted two children (and would be glad to do so again if it meant someone would forego an abortion) …. check.

    I support mandatory sentences for child rapists …. check.

    I support the jailing of clergy who are evil pedophiles …. check.

    I’m not sure about the “learn acceptance and inclusion” part … that seems a little vague for me to say check on.

    So, do I pass muster unbelievable ………..? :-) (I’ll try to get to the other thread today some time, by the way).


  43. nofreedom! says:

  44. Giacomo says:

    What would WWallace and all the other Right Wingers think if abortion was made to be illegal for white women, but legal for minorities?

    I’m not sure the point of such a measure, but I’d be fine with it … my issue with abortion is not just the “baby” but also the blatant lack of responsibility that’s often inherant in the decision.


  45. Giacomo says:

    The abortion issue is really about race. These Right Wingers really don’t give a crap about human life if it doesn’t suit thier needs.

    You might want to ask one of us before making such a statement … which by the way, is utter garbage.


  46. nofreedom! says:

    Yea Giacomo — it is utter garbage, without them, who will defend your freedom?


  47. M. Duchamp says:

    A person’s religious beliefs mean very little if those beliefs exist within a vacuum, by that I mean: In the absence of sin (or perceived sin), where is the test of one’s beliefs? One has to make a choice to be “good” and stand by that choice. To legislate away sin (at the risk of favoring one religion’s definition of sin over another), one would take away a person’s right to choose “right” from “wrong.” In the absence of such choices, one’s religious beliefs are based on reflex and circumstance, not choice. If you want to be a good Christian, then by all means, don’t get an abortion. All the “heathens” who do not share that view, according to Christian belief, will go to hell.

    And what of the unconstitutionality of favoring a single group’s religious view over that of another in adopting and interpreting legislation? The intent of our Constitution is to protect the rights and liberties of the individual, not impose a limited definition of a single group’s morality on the individual.


  48. For Truth says:

    #45,

    You’re a patsy, your beloved leaders and most of your Repub peers really do feel that way.


  49. by Judd Legum, Faiz Shakir, Nico Pitney says:

    One has to make a choice to be “good” and stand by that choice.
    M. Duchamp , I have a problem with that.


  50. For Truth says:

    #44,

    You have supported my point, thank you. You would want abortion if it met your needs.

    The Race thing is not even a conscious process, it is perculating in the subconscious minds of the fearful, racist, haters.


  51. M. Duchamp says:

    #50
    “M. Duchamp , I have a problem with that.”

    Care to explain?


  52. by Judd Legum, Faiz Shakir, Nico Pitney says:

    Who Determines Good? You? me? the unborn? the mother? the father?
    What is Good? How is it percieved when One knows not right from wrong?
    Who teaches What is Good And what is Not Good.
    Who are we to Judge What is Good?
    Judge not? Who said Judge Not? You ? Me?
    Who determines who gos to hell? or heaven? You?
    Me?


  53. nofreedom! says:

    sorry, # 50 and 53 was by me.


  54. M. Duchamp says:

    If you look at my post, that’s what I was essentially saying. “Good” as defined by various religions around the world has different meanings. To use one narrow definition of it, is to do a disservice to the rights and liberties outlined in the Constitution.

    Of course there are basic natural laws that most all religions share. These basic natural laws are in fact, at the core of our Constitution, though they are derived more from the John Locke philosophies than Judeo Christian beliefs.


  55. For Truth says:

    Thoughts of many Right Wingers.

    “Dammit, we brought all these Africans here, enslaved them, got rich off the free labor, and now they are committing crimes, having offspring like rabbits, soaking the welfare system. And we love the cheap labor of Mexican immagrants, have encouraged illegal immigration, now these people won’t stop coming, are having tons of kids, and may outnumber us whites soon.”

    “We need to get rid of abortions so those white girls will let their babies live”


  56. For Truth says:

    The definition of Good is: Enjoying a tall glass of Koolaid while eating a falaful, and smelling Napalm that morning.


  57. adjectiveman says:

    #15, sorry, I can’t help myself.
    #13, WWallace, please note Amedment IX of referenced constitution: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

    Perhaps you should take a look at it before you get all Constitutional scholar and shit on us.


  58. M. Duchamp says:

  59. Irishamerican says:

    Don’t be fooled guys. This Debate is what the Administration WANTS you to be arguing about. People that are Pro Life aren’t going to change their minds, Right to lifers CAN’t change their minds.

    This is all about the Repugs setting up the argument that the Illegal NSA Spying is a phony issue and the REAL reason the Dems want to have Hearings in the Senate is to hold up the Alito Hearings because of Abortion.

    It’s the old “Change the Conversation” strategy.

    This is not new information about Scalito. It will be rolled out all over the Media complete with Demonstrations, Banners and Everything. Boxer is already circulating a Pettition that goes straight to Arlen Spector’s in box when you sign it Calling for Hearings on the NSA “Big Brother” Constitutional battle.

    Rove is just using this abortion issue to divide americans instead of allowing them to unite against Bush’s Illegal Spying on us. They have rolled this out as a “wedge” issue so when we call for Senate Investigation of Wiretaps they will try to say that our call for investigations is only to hold up Alito because we want to kill baby’s. They will try to Frame Investigations as being a phony issue to hold up Roe v Wade…..

    Abortion rallies they’re base, and paints everyone else to the left.

    If it wasn’t so obvious I would even give them credit for a good tactic.

    Don’t be fooled


  60. Giacomo says:

    You have supported my point, thank you. You would want abortion if it met your needs.

    You don’t get it … any limitations on abortion I’d be fine with. It’s not about race ….


  61. Giacomo says:

    Irishamerican – the thread is about abortion so we discuss abortion … are you saying that Karl Rove released this Alito memo?


  62. For Truth says:

    Giacomo,

    You do seem to be one of the more reasonable ones. I am speaking about the core, radical, Right Wingers, which you seem to be more moderate.


  63. Irishamerican says:

    Giacomo….
    not released,(although it is a National Archives Memo) but certainly is going to use Abortion/Right to life/Alito/Hearings in the Media to Rally the Base, and deflect the NewsCycles off of the NSA/Big Brothergate.

    The NSA Scandal is very serious and Bush screwed himself by admitting it. The Constitution and personal liberty is something ALL americans are for. the Right to Life/Abortion issue divides us passionately. Division is what Rove WANTS. You can bet your paycheck that the first thing that is said will be “The Dems are only calling for these Investigations to hold up our Nomination of Judge Alito”. By Saying that it attempts to pass off BigBrotherGate as being only a Dem Trick……


  64. Giacomo says:

    Oh … perhaps so. One thing that all politicians can do well is spin a story any way they need to …


  65. M. Duchamp says:

    #63
    It does appear to be a classic administration feint and out-flank maneuver.



  66. Granite State Destroyer says:

    I say ABORT ALITO!

    -GSD


  67. unbelievable says:

    Let’s see –

    In NC, one can get birth control free from the health department …. check.

    I’ve adopted two children (and would be glad to do so again if it meant someone would forego an abortion) …. check.

    I support mandatory sentences for child rapists …. check.

    I support the jailing of clergy who are evil pedophiles …. check.

    I’m not sure about the “learn acceptance and inclusion” part … that seems a little vague for me to say check on.

    So, do I pass muster unbelievable ………..? :-) (I’ll try to get to the other thread today some time, by the way).

    Comment by Giacomo — December 23, 2005 @ 11:34 am

    Unfortunately this is not typical, and you do know that.

    Don’t feel compelled to get to the other one today or this weekend. Enjoy your holiday.


  68. unbelievable says:

    I’m not sure the point of such a measure, but I’d be fine with it … my issue with abortion is not just the “baby” but also the blatant lack of responsibility that’s often inherant in the decision.

    Comment by Giacomo — December 23, 2005 @ 11:36 am

    Since you’re finished checking off your list, perhaps you can work on this problem.

    When I used to work in downtown Atlanta, I commuted via public transportation. I’d grown upin a predominantly white neighborhood, so the sight of so many minority single mothers under 21 was shocking. I wondered why, when bith control is available do so many young women have not one, but several babies on their own. This might surprise you.
    Women, according to Christianity are pointless without a man or a baby. They are taught to be mothers.


  69. unbelievable says:

    Yea Giacomo — it is utter garbage, without them, who will defend your freedom?

    Comment by nofreedom! — December 23, 2005 @ 11:42 am

    Does anyone know the ethnic composition of our troops? I couldn’t find anything easily. This would be interesting to know…


  70. unbelievable says:

    The best bumpersticker I saw this year was this:

    “If you can’t trust me with a choice, how can you trust me with a baby?”


  71. Anchorage Activist says:

    Pro-slavers once believed that a black man was 3/5ths of a person.

    Pro-choicers believe that a fetus is 0/5ths of a person.

    Just as we look back today with shock and horror at the Dred Scott decision in 1857, so 148 years from now, Americans will look back with equal shock and horror at Roe vs. Wade and wonder how Americans could have been so barbaric.


  72. unbelievable says:

    Pro-choicers believe that a fetus is 0/5ths of a person.

    Just as we look back today with shock and horror at the Dred Scott decision in 1857, so 148 years from now, Americans will look back with equal shock and horror at Roe vs. Wade and wonder how Americans could have been so barbaric.

    Comment by Anchorage Activist — December 23, 2005 @ 2:25 pm

    Do you lament over every egg or sperm as well? It’s all potential human life just like a fetus. None of it actually is viable life.

    We already have too many people on the planet. We do not need more.

    Wanna see barbaric – go to a slaughter house or egg facilitiy. How do you think that chicken or cow you had for lunch got on your plate? It died of natural causes mid-leap?

    Go into homes where conscious, viable children are abused and neglected (I teach so I see them).

    Go to Iraq where innocent lives are being barbarically slaughtered in the name of greed and oil.

    Abortions barbaric? Hardly.


  73. Susan says:

    “If you can’t trust me with a choice, how can you trust me with a baby?”

    I’d like an answer from a pro lifer to that question…its a very good one.


  74. BushSucks says:

    Let’s see –

    In NC, one can get birth control free from the health department …. check.

    And? Just because it is free NOW does not mean it will be in the future.
    If Roe vs Wade is overturned, then the birth control pill will be put into question, since by *many* religions it is considered an abortifacient.

    I would also like to know why you bothered sharing that you adopted? Are you saying that because you adopted that means birth control and abortion rights should be removed?

    Not everyone wants to put their baby up for adoption. It’s a matter of choice. There’s no way I’d give my child over to anyone, so abortion would be my first choice.

    Not every woman is you and you are not every woman.


  75. Marie says:

    #52, “Good” is a relative term. Good cannot be legislated. We can determine as a society what we think is good at the moment, but mores change, social customs change, thoughts change; what is good today was not good yesterday or may or may not be so tomorrow.
    Abortion was not thought of a good or evil in generations past — it was simply a necessary yet dratic and tragic event. In the future, will there be abortions? Perhaps many fewer, if undesired conception is always prevented.
    Those who believe they can judge right/wrong, good/evil are suffering from overinflated egos and misguided attempts to right society to their version of “good,” or what they think is good today.
    They would rather defy nature and tolerate only abstinence than face biological reality. Is it because biological reality to them is too Darwin-like”? They seek to control nature by forbidding what comes naturally.
    At the same time, science is marching forward and there are ways now to prevent conception, such as the morning after pill, RU-486, and other hormonal therapies, as well as the old stand-by condoms. Some of these are more effective than others. Yet the self-appointed moral authorities wil have none of this — no, no, these methods are immoral, and horror-of-horrors! abortifacts!!(in their minds) They would rather have parenthood visited upon those who are too young and immature to accept the responsibility, or too poor to provide proper care and nutrition, or who are in any one of a myriad of positions that would introduce a baby into undesirable or even dangerous situations. Adoption, they also deem, is for only those who pass the tests — and certainly the so-called moral authorities believe that same-sex couples are not worthy. Mixed race, mixed religion couples are also not desirable because they are not “pure” according to whomever is in charge.
    They live in their ivory towers, looking down on the rabble and sniffing and sneering at them and their dirty, unregulated lives. They cut public funding for the health care, education, and housing for these children they have demanded enter the world via their “ignorant”, and “undisciplined” parents.
    Moral decisions in the case of abortions must be made individually. The medical risks and costs must be weighed. If the parents are religious, perhaps they should consult their pastor or rabbi. They certainly need not consult their local politician!
    Alito and his like-minded Republiclans cannot impose their will and beliefs on the secular population. Yet they continue to apply pressure, gathering their minions to join them, gradually working their will on all citizens, and eliminating the personal freedoms guaranteed in the Constitution.
    They will re-write the Constitution given the chance.


  76. progressive and proud says:

    There will always be abortion in the United States, illegal or not. So what is the point? Why make the poor suffer when those are the ONLY ones who will suffer? I hope everyone truly understands that.

    Illegal abortion = DEATH. Plain and simple. Doesn’t anyone remember?


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