Justice Alito detailed long-term plan to overturn Roe v Wade in 1985 memo: report

According to a report from the New York Times’ Charlie Savage, Supreme Court Justice Samuel Alito has been making plans to overturn the 50-year-old Roe v Wade ruling based upon a memo that he wrote in 1985 where he counseled patience during the Ronald Reagan administration.

Alito, who wrote Friday’s decision that overturned Row — and subsequently set off mass demonstrations across the country by effectively turning women into second-class citizens — reportedly “cautioned the Reagan administration against mounting a frontal assault on Roe v. Wade.”

In his 1985 memo Alito, “advocated focusing on a more incremental argument: The court should uphold the regulations as reasonable. That strategy would ‘advance the goals of bringing about the eventual overruling of Roe v. Wade and, in the meantime, of mitigating its effects,” reports the Times Savage.

“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences," he wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”

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According to the Times report, “In a memo on the cases, Mr. Alito displayed not only tactical acumen but personal passion, taking umbrage with a judge’s objection that forcing women to listen to details about fetal development before their abortions would cause ‘emotional distress, anxiety, guilt and in some cases increased physical pain,” with Alito dismissing their concerns by writing the such concerns “are part of the responsibility of moral choice.”

The Times reports that during Senate hearings on his appointment to the highest court in the land, when the 1985 memo was brought up, he responded, “When someone becomes a judge, you really have to put aside the things that you did as a lawyer at prior points in your legal career and think about legal issues the way a judge thinks about legal issues.”

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