In the leaked draft of the future Supreme Court decision regarding the repeal of Roe v. Wade, Justice Alito asserts that Roe was “egregiously wrong” from its beginning. If he knew it was wrong from 1973, he must have known it was wrong at the time of his Senate confirmation hearing in 2006.

Tort law defines “active concealment” as “The non-disclosure by words or actions in a situation where there is a duty on the person to disclose something.” Alito, in my opinion, “actively concealed” his opinion regarding Roe at his confirmation hearing.

The law further defines “fraudulent concealment” as “Concealment where the person conceals something with the intent to deceive or defraud the other party.” Did Alito intend to deceive the Senate regarding his opinion about Roe?

Had he revealed his view about Roe, it is likely, I believe, that he would not have been confirmed. Assuming he wished to be confirmed, it follows that his concealment was made with the intent to deceive, constituting a fraud on the Senate and the American people.

Could Supreme Court confirmations obtained as a result of fraudulent concealment be rescinded?

Alito writes that “we cannot allow our decisions to be affected by … the public’s reaction to our work.” Polling shows public support for Roe to be as high as 70%. Democracy is based on majority will of the people. Alito’s statement could translate roughly as “we cannot allow decisions based on our personal emotional comfort and religious convictions to be affected by something like democracy.”

MARGIE SWOBODA

Julian

Submitted by Virtual Newsroom