“We 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” (“Memorandum,” p. 9).
In spite of all the media ballyhoo, I don’t think this is as big of a story as it’s being made out to be. First of all, when this brief was written, Judge Alito was working as a lawyer for President Reagan and was advocating for a position on behalf of his client. In his confirmation hearings, questioners will not be able to use this brief as if it were an expression of Alito’s personal view. Secondly, since when is it illegal for a Judge or a lawyer to have an opinion on whether a court case was correctly decided? A judge can have such an opinion without prejudicing his hearing of future cases.
Like I said, I don’t think this is that big of a story–or at least it shouldn’t be.