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Alito Reflects on Scalia’s Absence, Credits His Model in Dobbs Ruling

The comments appear in Politico Magazine in a reflective interview about Scalia’s legacy.

Overview

  • In a newly published interview, Justice Samuel Alito said he often wishes Antonin Scalia were still alive because “things are so different” since the justice’s 2016 death.
  • Alito said his 2022 Dobbs opinion was indebted to Scalia’s originalism and that he learned from the model of Scalia’s Heller opinion.
  • He added that he does not think Scalia would have written Dobbs very differently and that some of its language may reflect Scalia’s influence.
  • Agreeing with a family remark relayed by the interviewer, Alito said Scalia would have been “appalled at so much” in recent years.
  • The remarks were published by Politico Magazine in an interview conducted by James Rosen and were subsequently reported by other outlets.