â€œWe 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 overruledâ€ (â€œMemorandum,â€ p. 9).
In spite of all the media ballyhoo, I donâ€™t think this is as big of a story as itâ€™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 Alitoâ€™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 donâ€™t think this is that big of a story–or at least it shouldnâ€™t be.