Now that the Supreme Court has a conservative super-majority, Justice Alito has taken a zealous lead in reversing the progressive gains of the 1960s and 1970s—from stripping away voting rights to overturning Roe v. Wade.
Alito had come to Yale eager to study with one of his intellectual heroes, Alexander Bickel, a charismatic and prolific scholar who believed that the Warren Court had indulged in egregious activism. But Alito wasn’t placed in Bickel’s constitutional-law class. Alito’s friend Mark Dwyer, meanwhile, was assigned to the staunchly conservative scholar Robert Bork’s course, and he later told thethat Alito had seemed jealous.
In December, 2008, when Alito had been on the Court for nearly three years, he spoke at a fund-raising gala in Washington for the right-wing magazine. Now that his position was secure for life, he could afford to be a little caustic about that whole sixties thing.
In overturning Roe, the Court bolstered not only the anti-abortion movement but also the conservative legal movement—an effort associated with the Federalist Society, which, since its founding, in 1982, has promoted an “originalist” jurisprudence based on narrow readings of the Constitution. Such readings often dovetail with many conservative policy goals, from the dismantling of the regulatory state to the defense of gun rights.
Whereas Scalia’s admirers praised his intellectual commitment to originalism, Alito’s admirers in the conservative legal movement often highlight his practical approach.
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