Documents released from Ronald Reagan's Presidential Library reveal that in 1985, Supreme Court nominee Samuel A. Alito Jr. stated that he "very strongly" believes that the Constitution "does not protect the right to an abortion." He also remarked that he was proud of his work as a lawyer in the Reagan administration, arguing against Roe v. Wade.

At the time of the application submitted to Attorney General Edwin Meese for the job as Deputy Assistant Attorney General, Alito had worked in the Reagan administration as an assistant to the Solicitor General. Although Alito's personal views on abortion have been labeled as extreme by some liberal Senators and the far left National Abortion Rights Action League, the majority of Americans agree with Alito and do not support an unlimited right to an abortion through all nine months of pregnancy. Moreover, for years legal scholars have persuasively argued that the Supreme Court's 1973 abortion decision in Roe v. Wade is not grounded in either the text or the history of the Constitution. Other comments by Alito in the 1985 application indicated that he was opposed to the Supreme Court decisions regarding "separation between church and state."

In another development, a 1970 draft opinion by federal appeals judge Henry Friendly was recently revealed by Judge Raymond Randolph. Randolph clerked with Judge Friendly at the time of the opinion and retained a copy of the draft. This opinion was never made public, because the New York legislature amended the state law that restricted abortion before the appeals court issued a ruling. In the opinion, written before the 1973 Roe v. Wade decision, Judge Friendly rejected the idea that the Constitution protects abortion. He argued that the issue of abortion should be left up to state legislators, not judges. Chief Justice John Roberts clerked for Judge Friendly. Judge Friendly has been a leading influence on Robert's legal analysis and writing.

Mathew D. Staver, President and General Counsel of Liberty Counsel, commented: "The Supreme Court is not a political ping pong ball. Justices and nominees must be committed to the rule of law and to upholding the intent and language of the Constitution. Judge Alito is committed to the rule of law and he will make a fine Supreme Court Justice. Judge Alito's personal views regarding abortion expressed in the 1985 memo should not be used as a litmus test to keep him from the Supreme Court."