During senate hearings, Nominee Alito stated on January 9, 2006 at 12:00 pst that Roe v. Wade made it a constitutional right to kill an unborn human, and that, regardless of your stance on abortion, a right to an abortion did not exist in the constitution. He went on to say that since Roe made it a right to kill an unborn baby, genetic tests for down syndrome are justification for killing a person. He went on to call this a case of discrimination against a class of people. What is important here is his description of a fetus as a person. This may very well lead the way to overturning Roe v. Wade once appointed based on anti-discrimination or based on the definition of life, and thus have a right to legal rights.