Samuel Alito

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• SOURCE: Politico
  6/2/2022
  

  What Alito Got Wrong about the History of Abortion

  by Leslie J. Reagan

  "The logic that Alito uses in the draft opinion leans heavily on history — history that he gets egregiously wrong."

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• 6/5/2022
  

  Discarding Legal Precedent to Control Women's Reproductive Rights is Rooted in Colonial Slavery

  by Clyde W. Ford

  The colonial Virginia lawsuit of Elizabeth Key, who won freedom in 1656, pushed colonial authorities to reverse precedent to ensure that the law would be a tool for maintaining hierarchies of race, gender, and class, and Black women's bodies would be the battleground of those conflicts.

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• 6/5/2022
  

  What Would Madison Think of Originalism? Depends When You Asked Him

  by Don Fraser

  James Madison moved away from a strict constructionist position based on public necessity and acceptance of legislation based in implied powers. Whatever one can say about the originalist legal theory behind the leaked Dobbs opinion, it's not Madisonian. 

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• 5/29/2022
  

  Originalism, History, and Religiosity are the Faults of Alito's Reasoning in Dobbs

  by Robert Spitzer

  Justice Alito wrote in Dobbs that Roe v. Wade was “egregiously wrong from the start.” But that tart conclusion more aptly applies to the draft verdict of the good justice.

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• SOURCE: The Guardian
  5/19/2022
  

  Alito's Opinion Shows Roe is Only the Beginning

  by Thomas Zimmer

  The entire idea of substantive due process under the 14th Amendment is called into question by the draft opinion, potentially threatening reproductive rights, civil rights, and sexual freedom in service of a reactionary ideal of patriarchal society. 

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• SOURCE: The Atlantic
  5/3/2022
  

  Is Alito's Plan to Repeal the 20th Century?

  Alito's invocation of Plessy v. Ferguson as a reason to discard precedent is galling because his opinion would destroy the kind of protection under law that Homer Plessy actually sought. 

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• SOURCE: The New Yorker
  5/4/2022
  

  Abortion Isn't in the Constituiton? Neither are Women

  by Jill Lepore

  "Women are indeed missing from the Constitution. That’s a problem to remedy, not a precedent to honor."

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• SOURCE: Education News
  5-12-15
  

  Historian Alan Singer says he’s not qualified to be on the Supreme Court and neither are Roberts, Scalia, Alito or Thomas

  That’s because he’s an activist and so are they.