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October 31, 2005

Scalito

Link: Untitled.

Bush Nominates %u201CMovement Conservative%u201D to Placate Right Wing


Washington, DC%u2014Alliance for Justice opposes the nomination of Third Circuit Court of Appeals Judge Samuel Alito to the United States Supreme Court. %u201CInfluential segments of the radical right torpedoed the nomination of Harriet Miers because she didn%u2019t have a proven record of being a %u2018movement%u2019 conservative, dedicated to carrying out their political agenda on the bench. The right is now giddy about the nomination of Samuel Alito %u2013 undoubtedly because he has such a record. If confirmed to the pivotal O%u2019Connor seat, Judge Alito would fundamentally change the balance of the Supreme Court, tipping it in a direction that could jeopardize our most cherished rights and freedoms,%u201D stated Nan Aron, president of Alliance for Justice.

%u201CThe president and the right claim to value judicial restraint. Yet Judge Alito has not demonstrated such restraint,%u201D noted Aron. Alito has voted to:

Strike down a federal law prohibiting the possession of machine guns, leading his colleagues to accuse him of disrespecting the considered decision of Congress by requiring it to %u201Cplay %u2018Show and Tell%u2019 with the federal courts%u201D;

Invalidate part of the Family and Medical Leave Act;

Scuttle Congress%u2019 intentions by making it much harder for civil rights plaintiffs to prove sex and race discrimination. In one case, his colleagues noted that the federal law prohibiting employment discrimination %u201Cwould be eviscerated if our analysis were to halt where [Judge Alito] suggests.%u201D

Judge Alito has also:

Upheld intrusive police searches of women and children who were not named in search warrants and weren%u2019t the subjects of any investigation. In one case, President Bush%u2019s own Director of Homeland Security, Michael Chertoff %u2013 who formerly served with Judge Alito on the Third Circuit %u2013 criticized Judge Alito%u2019s position.

Excused race discrimination by prosecutors in jury selection and upheld a death sentence that the Supreme Court overturned%u2014with Justice O%u2019Connor casting the deciding vote;

Upheld abortion restrictions that the Supreme Court struck down in a landmark case.


%u201CWith Judge Alito, President Bush has sought to appease the radical right and fuel a revolution on the Supreme Court,%u201D said Aron. The National Law Journal reported that lawyers believe that Judge Alito is %u201Cmuch more of an ideologue than most of his colleagues.%u201D A prominent legal observer, who strongly supported John Roberts%u2019 nomination, has similarly called Judge Alito a %u201Cconservative activist%u201D and asserts that his %u201Clack of deference to Congress is unsettling.%u201D


Posted at 9:49 AM

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