Another failed nominee? The Washington Post is reporting that in 1985, Samuel Alito, as an Assistant-A.G. in the Reagan Administration, "...urged his boss to use a case before the court to "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." The Post reports:

In the memo, Alito suggested that the government challenge Roe in an amicus, or friend-of-the-court, brief in an abortion case that itself did not challenge the 1973 decision legalizing abortion. This approach, he wrote, is better than a "frontal assault."

"It has most of the advantages of a brief devoted to the overruling of" Roe, he wrote. "It makes our position clear, does not even tacitly concede Roe's legitimacy, and signals that we regard the question as live and open."

He added that the approach was "free of many of the disadvantages that would accompany a major effort to overturn Roe. When the court hands down its decision and Roe is not overruled," he reasoned, the decision "will not be portrayed as a stinging rebuke" to the administration.

In a previously released document, Alito had expressed pride in contributing to the Reagan administration's policies, including its view that there was no right to abortion embodied in the Constitution.

Besides the fact that the memo (complete text here, courtesy of Daily Kos) removes much of the drama out of whether he will vote to overturn abortion rights should he be comfirmed, the political language in the memo is most unbecoming of what we envision out of a Supreme Court justice.