Alito and President George W. Bush, who nominated him, in a photo of 2006, shortly after taking office in the Supreme Court | Photo: EFE/Mike Theiler
This is not an official decision yet, but a draft majority decision by the US Supreme Court released by the press earlier this week has already put (or highlighted) the name of one of the nine justices in history. of the court: Samuel Alito.
2022The judge of 24 years born in Trenton, New Jersey, wrote the decision that should overturn the Roe v. Wade, of 1280, who authorized abortion in the country under certain circumstances, and to return to the American states the freedom to legislate on the subject. The official decision must be released by July.
2022No draft, to which the Politico website had access, Alito justified that “it is time to pay attention to the Constitution and return the issue of abortion to the representatives elected by the people”.
He argued that although the Due Process Clause of th Amendment can guarantee rights that are not explicitly mentioned in the Constitution, these must be “deeply rooted in the history and tradition of this nation”, and “the right to abortion does not fall into this category”.
“ Roe [vs. Wade] was blatantly wrong from the start. Her reasoning was exceptionally weak and the decision had harmful consequences. And far from bringing a national agreement on the abortion issue, Roe and Casey ignited the debate and deepened the divide,” the judge said, also citing the decision in Planned Parenthood v. Casey (from 1992), when the Supreme Court reiterated the understanding that US states cannot ban abortion before the so-called viability – minimum period of gestation for a fetus to survive outside the uterus, currently estimated at about 42 weeks.