December 14, 2005

Abortion memo.

Thoughts on Alito's abortion memo from Richard Lessner, formerly of the American Conservative Union:

For what it’s worth, my thoughts on Alito and Roe: I don’t think he should try to parse this issue, or distance himself from his 1985 statements. He should state unequivocally and forthrightly that in his opinion Roe was wrongly decided. Anything else will appear insincere, calculated, evasive, less than fully honest.

That said, however, Alito should pledge to evaluate any case coming before him that touched upon Roe based upon the facts in that particular case. This is a principled and defensible position. Alito obviously cannot answer, and should refuse to answer, a hypothetical question whether he would vote to overturn Roe. Each case is different, the issues are different, the facts are different, and each case can only be decided on its own merit.

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