Supreme Court Justice Samuel Alito, who wrote the majority opinion this summer overturning the abortion rights case Roe v. Wade, assured the late Sen. Ted Kennedy in 2005 that he considered a key legal basis for Roe to be “settled,” a new report reveals.
“I am a believer in precedents,” the conservative Alito told Kennedy, the liberal Massachusetts Democratic senator wrote in his diary in November 2005, The New York Times reported.
“I believe that there is a right to privacy. I think it’s settled as part of the liberty clause of the 14th Amendment and the Fifth Amendment,” Alito said, according to the diary citation.
“So I recognize there is a right to privacy. I’m a believer in precedents. I think on the Roe case that’s about as far as I can go,” Alito said to Kennedy, a staunch defender of abortion rights who died in 2009.
The comment was made as Alito was seeking Senate confirmation to the court during a visit to Kennedy’s office, wrote John Farrell in the Times report. Farrell’s new book, “Ted Kennedy: A Life,” which features details of the diary entries, is being published Tuesday.