Mollie Hemingway’s new book, 'Alito,' offers explosive details about the justice who overturned Roe

Just days after its release, journalist Mollie Hemingway’s new book, Alito: The Justice Who Reshaped the Supreme Court and Restored the Constitution, is already drawing headlines for its detailed, behind-the-scenes portrait of Justice Samuel Alito’s two decades on the nation’s highest court.

Written by the editor-in-chief of The Federalist and a Fox News contributor, the 352-page biography depicts Alito as a quiet but consequential figure whose prosecutorial background, intellectual discipline and commitment to originalism have helped steer the court toward a more conservative jurisprudence.

Drawing on unusual access to justices and their inner circles, Hemingway presents Alito not as a celebrity jurist but as a steadfast “judge’s judge.” His opinions – most notably the landmark 2022 decision on abortion rights in Dobbs v. Jackson Women’s Health Organization  – are framed as restoring constitutional order. 

The book arrives at a moment of intense scrutiny for the court, amid ethics controversies, protests and partisan clashes, while also offering new details about internal tensions, security concerns and strategic maneuvering that, in Hemingway’s telling, reflect an institution under pressure.

From Trenton to the Supreme Court

Born in 1950 to Italian immigrant parents in Trenton, New Jersey, Alito was raised in a family that emphasized education and public service. His father worked as a teacher and later as a civil servant. 

After graduating from Princeton and Yale Law School, Alito served as a U.S. attorney in New Jersey and later as a judge on the Third Circuit Court of Appeals. In 2006, 

President George W. Bush appointed him to succeed Justice Sandra Day O’Connor on the high court. He was confirmed by a narrow 58–42 Senate vote after a contentious process that foreshadowed today’s polarized confirmation battles.

Hemingway argues that Alito’s early experience as a prosecutor shaped his jurisprudence, particularly on criminal procedure and religious liberty. 

Over nearly two decades, he has authored or joined opinions expanding protections for religious institutions, curbing administrative agency power and, most significantly, overturning the constitutional right to abortion established in Roe v. Wade. 

Hemingway describes Dobbs as a “crowning achievement,” returning the issue to the states and correcting what she views as decades of judicial overreach.

The biography also underscores Alito’s relatively low public profile compared with colleagues such as Clarence Thomas or Brett Kavanaugh. While others became focal points of political and cultural battles, Hemingway portrays Alito as working methodically – building coalitions and grounding opinions in text and history rather than seeking public attention.

Behind-the-Scenes Tensions

The book’s most striking claims center on the court’s internal dynamics during recent controversies. Drawing on interviews with justices (on background) and other insiders, Hemingway describes how the 2022 leak of the Dobbs draft opinion triggered not only political upheaval but serious security concerns.

After Politico published the draft in May 2022, the five conservative justices reportedly faced assassination threats alongside protests, including vandalism targeting churches and pregnancy centers. 

According to the book, the leak raised fears that a justice in the majority could be harmed before the ruling was finalized, potentially altering the outcome. Alito, whose draft had been prepared months earlier, urged the liberal justices to expedite their dissents, citing the risks of delay. Justice Stephen Breyer, described as the most open to accommodation, encountered resistance from colleagues.

Hemingway recounts a particularly tense exchange, alleging that Justice Elena Kagan angrily confronted Breyer behind closed doors, highlighting divisions within the liberal bloc. The episode, as presented in the book, underscores disagreements not only over legal strategy but over how to respond to the unfolding security threats. 

Hemingway told Just The News that, according to her sources, no one on the Court believes a justice was behind the Dobbs leak, contrary to some public speculation.

Another episode revisits the 2024 controversy over flags flown at Alito’s New Jersey home – an inverted U.S. flag and an “Appeal to Heaven” flag – reported by The New York Times as potential signs of political bias. 

Hemingway disputes that characterization, writing that Alito’s wife, Martha-Ann, chose to display the flags and describing her as “remarkably independent.” She suggests many Americans viewed the episode as an attempt to undermine the court’s conservative majority.

The book also reports that Alito advised Chief Justice John Roberts it would be better for institutional reasons if he did not author an opinion in a major January 6-related case. Roberts ultimately took on that role, allowing Alito to avoid additional scrutiny while still participating. Alito declined calls to recuse himself from such cases.

Hemingway further describes Alito’s chambers culture in unusually stark terms. A friend is quoted as saying Alito expects clerks to approach their work as a kind of mission, likening the environment to an elite unit in which members are committed to advancing a particular constitutional vision. 

Competing Interpretations

Critics have labeled the book a sympathetic account that downplays Alito’s role in polarizing decisions and frames originalism as neutral while portraying protests and media scrutiny as threats. Supporters, by contrast, argue it is the first deeply reported examination of a justice whose influence has often been underestimated.

Hemingway situates Alito’s career within a broader argument: that the Supreme Court has become a central battleground in America’s cultural and political conflicts. 

From the Brett Kavanaugh confirmation hearings to the fallout from Dobbs, she contends that institutional norms have eroded under increasing pressure. In her telling, Alito has remained a steady, if controversial, figure – continuing to shape the law on issues such as religious liberty despite sustained criticism.

Legal observers note that Alito’s tenure has coincided with a significant rightward shift in the court on issues ranging from abortion and gun rights to administrative power. His majority opinion in Dobbs, joined by Justices Thomas, Kavanaugh, Neil Gorsuch and Amy Coney Barrett, stands as one of the most consequential decisions in modern constitutional law, reshaping both legal doctrine and national politics.

Retirement Rumors

The book’s release comes amid renewed speculation about Alito’s future. At 76, he is the court’s second-oldest member, and some observers have suggested he might consider stepping down. His forthcoming book, So Ordered: An Originalist’s View of the Constitution, Our Court, and Our Country, scheduled for release this fall, has added to the speculation.

However, multiple reports from outlets including Fox News and CBS News indicate that Alito has no immediate plans to retire. He has reportedly hired clerks for the upcoming term and intends to remain on the bench. 

Hemingway echoed that view in an interview with Just The News, while acknowledging uncertainty. She has also noted that attention on potential retirements often overlooks other justices, including Roberts, who is also in his 70s. Historically, chief justices have not always served as long as associate justices, though there are notable exceptions.

Whether Alito ultimately steps down in the near future, Hemingway’s book ensures that his legacy – particularly his role in overturning Roe v. Wade – will remain central to debates over the court’s direction and the meaning of constitutional interpretation for years to come.