November 21, 2005
Editorializing Job Application Statements
Judge Alito was 35 when he wrote the memo, and his views may have changed in the succeeding two decades. Moreover, while the memo may shed light on his views of decisions by the courts headed by chief justices Earl Warren and Warren E. Burger, it does not reveal whether he would seek to overturn them now. Barely a dozen years after it came down, Roe v. Wade presented a different legal question in 1985 than it does now after the Supreme Court's subsequent decision reaffirming its central holding. It has now stood as good law for a generation. Many conservatives who opposed the Warren Court's revolution in criminal procedure or its reapportionment cases have since made an uneasy peace with them.
File under "Voice of Reason"
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