Alito Faces Questions from the Senate

 Corruption, Politics, The Courts  Comments Off on Alito Faces Questions from the Senate
Nov 102005
 

This guy fits right in with the current crop of Republicans. During his 1990 nomination as an appeals court judge, Supreme Court nominee Samuel Alito promised to recuse himself, to avoid potential conflicts of interest, in cases "involving Vanguard, in which he owned mutual fund shares; Smith Barney, his brokerage firm; First Federal Savings & Loan of Rochester, N.Y., which held his home mortgage; and his sister’s law firm." But in cases involving three of the four companies, senators on the Judiciary Committee question whether Alito has truly attempted to avoid ethical conflicts. In a 2002 case, Alito ruled in Vanguard’s favor, even though the judge owned between $390,000 and $975,000 in mutual fund shares from Vanguard. He later withdrew from further involvement in the case only after the protests of the other party. Alito also ruled in a 1996 case involving Smith Barney and in 1995, Alito failed to recuse himself from a case involving his sister’s law firm.

Alito's America A Scary Place

 Politics, Right Wingnuts, The Courts  Comments Off on Alito's America A Scary Place
Oct 312005
 

I might as well get a post about Bush’s Supreme Court Nominee out of the way. In bowing to the religious fanatics on the right, he’s pretty much sealed the fate of our Constitutional rights to be left alone by the government.

The right wing demanded the withdrawal of Harriet Miers so she could be replaced with a judge who met their rigid, ideological litmus test. This morning, the conservatives got what they wanted. President Bush will nominate Third Circuite Appeal Court Judge Samuel Alito as the replacement for swing-voter Sandra Day O’Connor. (In contrast, John Roberts replaced the very conservative William Rehnquist.) On NBC’s Today Show, law professor Jonathan Turley said there "will be no one to the right of Sam Alito" on the Supreme Court. Alito’s record supports Turley’s view. His history of right-wing judicial activism will be a key issue during his hearings.

ALITO WOULD OVERTURN ROE V. WADE: In his dissenting opinion in Planned Parenthood v. Casey, Alito concurred with the majority in supporting the restrictive abortion-related measures passed by the Pennsylvania legislature in the late 1980s. Alito went further, however, saying the majority was wrong to strike down a requirement that women notify their spouses before having an abortion. The Supreme Court later rejected Alito’s view and also voted to reaffirm Roe v. Wade. [Planned Parenthood of Southeastern Pennsylvania v. Casey, 1991]

ALITO WOULD ALLOW RACE-BASED DISCRIMINATION: Alito dissented from a decision in favor of a Marriott Hotel manager who said she had been discriminated against on the basis of race. The majority explained that Alito would have protected racist employers by “immuniz[ing] an employer from the reach of Title VII if the employer’s belief that it had selected the ‘best’ candidate was the result of conscious racial bias.” [Bray v. Marriott Hotels, 1997]

ALITO WOULD ALLOW DISABILITY-BASED DISCRIMINATION: In Nathanson v. Medical College of Pennsylvania, the majority said the standard for proving disability-based discrimination articulated in Alito’s dissent was so restrictive that “few if any…cases would survive summary judgment.” Summary judgment allows a case to be dismissed before it goes to trial. [Nathanson v.Medical College of Pennsylvania, 1991]

ALITO WOULD STRIKE DOWN THE FAMILY AND MEDICAL LEAVE ACT: The Family and Medical Leave Act (FMLA) "guarantees most workers up to 12 weeks of unpaid leave to care for a loved one." The 2003 Supreme Court ruling upholding FMLA [Nevada v. Hibbs, 2003] essentially reversed a 2000 decision by Alito which found that Congress exceeded its power in passing the law. [Chittister v. Department of Community and Economic Development, 2000]

ALITO SUPPORTS UNAUTHORIZED STRIP SEARCHES: In Doe v. Groody, Alito argued that police officers had not violated constitutional rights when they strip-searched a mother and her ten-year-old daughter while carrying out a search warrant that authorized only the search of a man and his home. [Doe v. Groody, 2004]

ALITO HOSTILE TOWARD IMMIGRANTS: In two cases involving the deportation of immigrants, the majority twice noted Alito’s disregard of settled law. In Dia v. Ashcroft, the majority opinion states that Alito’s dissent “guts the statutory standard” and “ignores our precedent.” In Ki Se Lee v. Ashcroft, the majority stated Alito’s opinion contradicted “well-recognized rules of statutory construction.” [Dia v. Ashcroft, 2003; Ki Se Lee v. Ashcroft, 2004]

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