james m nordlund
2005-12-12 09:48:13 UTC
Topica Digest --
How and Why To Oppose Judge Alito
By webweaver-***@public.gmane.org
------------------------------------------------------------
Date: Sat, 10 Dec 2005 02:29:51 +0000
How and Why To Oppose Judge Alito
AS MORE IS LEARNED ABOUT BUSH'S LATEST SUPREME-COURT NOMINEE,
REASONS TO OPPOSE -- AND BENEFITS OF DOING SO -- BECOME CLEAR
[From People for the American Way <http://www.pfaw.org>, EarthJustice
<http://www.earthjustice.org>, Feminist Majority
<http://www.feministmajority.org>, Fairness and Accuracy in Reporting
<http://www.fair.org>, MoveOn.org Political Action
<http://www.moveonpac.org>, National Organization for Women
<http://www.now.org>, NARAL Pro-Choice America
<http://www.prochoiceaction.org>, Planned Parenthood Federation
<http://www.ppfa.org>, and others]
----------
EDITOR'S NOTE: A major focus of ProgressivePortal.org is to cull
through and summarize the best progressive action alerts from a range of
organizations. In keeping with that objective, we have reviewed more
than 30 alerts from almost a dozen organizations to compile this Action
Alert. Your activist friends and associates may appreciate your
forwarding this alert, which saves you, and them, wading through a
thicket of messages about Judge Alito.
To receive alerts like this one by e-mail, send a blank message to:
alerts-all-***@public.gmane.org
Read recent alerts online at:
http://www.progressiveportal.org/alerts
----------
In this alert:
- What's the Matter with Sam Alito?
- Can This Nomination Be Stopped?
- Take Action (What You Can Do)
- More Information About Judge Alito
1. WHAT'S THE MATTER WITH SAM ALITO?
What's the problem with Judge Samuel Alito, President Bush's nominee to
replace retiring Justice Sandra Day O'Connor on the U.S. Supreme Court?
Here's a summary from some leading organizations:
People for the American Way:
"On the appeals court, Alito endorsed radical restrictions on
reproductive choice -- such as requiring that a woman notify her husband
before obtaining an abortion -- raising serious concerns about the
future of Roe v. Wade if he is confirmed. He is a leader of the radical
right-wing legal movement to prevent the federal government from
enforcing civil rights protections. He has claimed that the federal
government cannot fully apply the Family and Medical Leave Act to state
employees. [His decision was effectively overturned by the Supreme
Court.] He has even argued that Congress could not enact a ban on the
possession of machine guns. If confirmed, Alito could be a threat to our
rights and liberties for a generation or more." ... "While working under
Attorney General Edwin Meese, Alito urged President Reagan to veto a
bill to protect consumers from used car dealers who roll back odometers
- he said it wasn't the federal government's job to protect citizens'
health, safety and welfare." ... "Alito supported a law that allowed a
police officer to knowingly shoot in the back and kill an unarmed 15
year-old boy who fled a police attempt to arrest him as a suspect in a
$10 burglary. The Supreme Court and police groups opposed this
position."
Earthjustice (formerly Sierra Club Legal Defense Fund):
"A few of Judge Alito's past decisions are especially frightening. In
one case, Judge Alito joined in a 2-1 ruling that denied citizens access
to courts under the Clean Water Act, which authorizes citizens to bring
a civil enforcement action against alleged polluters. Judge Alito ruled
that a citizen group did not have standing to sue because it had not
demonstrated that serious harm to the environment had occurred, despite
the fact that the trial court had imposed a rare $2.6 million fine for
the company's violations of the Act. The Supreme Court has since
rejected Alito's analysis. Alito also wrote a dissent that would have
unjustifiably restricted Congress' authority under the "Commerce Clause"
(which is the basis for most federal environmental laws) when he claimed
that the law prohibiting the transfer or possession of machine guns was
unconstitutional. What will he decide about laws protecting our
environment?"
Feminist Majority:
"Here is a sampling of Alito's positions: [He was] the only judge on
the Third Circuit Court of Appeals to require women to notify their
husbands - even husbands who batter women - to obtain an abortion; voted
against the Family and Medical Leave Act - this time not permitting
state employees to sue for damages under the Act; dissented alone on a
decision upholding a conviction under the federal law prohibiting the
transfer or possession of machine guns - questioning whether Congress
had the power under the Commerce Clause to enact such a law; [was the]
lone dissenter on a sex discrimination in employment case - he wanted
"smoking gun"-type evidence making nearly impossible an effort to prove
sex discrimination."
Justice Sandra Day O'Connor, whom Alito would replace, writing for the
Supreme Court majority in rejecting Alito's husband-notification
abortion decision:
Alito's position would give "a man the kind of dominion over his wife
that parents exercise over their children."
Operation Rescue (radical anti-abortion group), commenting on Alito's
nomination and the Roe v. Wade decision that legalized abortion:
"Roe's days are numbered. ... We are trusting that we are now on the
fast-track to derailing Roe v. Wade as the law of the land."
MoveOn.org Political Action:
"In one significant case, Alito wrote a dissenting opinion that would
have allowed an unauthorized strip search of a woman and her 10 year-old
daughter, in their own home. ... Alito was outvoted and strongly
criticized by his fellow judges."
Judge Samuel Alito (in a 1985 job application to the Reagan White
House):
"I am particularly proud of my contributions in recent cases in which
the government has argued in the Supreme Court that racial and ethnic
quotas should not be allowed and that the Constitution does not protect
a right to an abortion." ...
(Commenting on a case before the Supreme Court:) "What can be made of
this opportunity to advance the goals of bringing about the eventual
overruling of Roe v. Wade and, in the meantime, of mitigating its
effects?"
2. CAN THIS NOMINATION BE STOPPED?
The battle to stop Judge Alito is certainly an uphill one - no question.
But it's not unwinnable, as the information in this section indicates.
However, the prospect of stopping the nomination isn't the only reason
to speak out. This is a time when liberal and progressive voices are
reasserting themselves strongly in the political discourse of the U.S.,
as public support for the Bush Administration crumbles and the
Republicans face increasingly obvious policy failures as well as scandal
and indictments. A powerful progressive outcry against Judge Alito not
only has a chance of stopping his nomination; it will also embolden
Congress (including the increasingly restive group of moderate
Republicans) to take a more assertive stand against the collapsing Bush
Administration on a range of issues for the remaining three years of his
term.
Some activists are beginning to see a chance that Alito can be stopped.
People for the American Way (PFAW) writes: "Though we are in for a tough
fight, we're in a better position than ever before to protect the Court.
Plagued by scandal and policy failures, President Bush and Senate
Majority Leader Bill Frist have lost Americans' confidence - Bush's
approval ratings are at an all-time low. As Minority Leader Harry Reid's
forcing the Senate into closed session last Tuesday showed, Democrats
have heard the public's call for the Senate to stand up to the
President."
PFAW continues: "Even conservative Republicans like Virginia's John
Warner have said they would oppose a power grab like Sen. Frist's
attempt to eliminate the filibuster with the "nuclear option." Rhode
Island moderate Republican Lincoln Chafee, who faces a tough reelection
battle next year, has said that Alito's nomination raises red flags:
"Alito has taken many positions that appear to place him at odds with
the protection of key fundamental rights."
The group continues: "The Senate Judiciary Committee has already
rebuffed the White House's attempt to steamroll through the advise and
consent process, refusing to begin hearings until after the December
recess. More and more senators are signaling that they're willing to
fight all the way on Alito's nomination if their concerns are not put to
rest."
In a separate message, PFAW reports: "When Alito appeared to disagree
with the Supreme Court case that established the fundamental democratic
principal 'one man, one vote' [one U.S.] senator said, "If he really
believes that is a questionable decision" then "you'll find a lot of
people, including me, willing to do whatever they can to keep him off
the court."
One possible scenario involves a filibuster by one or more senators
(almost certainly Democrats). The Republican senate leadership has
threatened to do away with the filibuster for judicial nominees. (In a
filibuster, a senator holds the floor indefinitely, refusing to yield to
other speakers, to block the Senate from taking action. Currently, it
takes 60 votes to stop a filibuster.) The filibuster is a rule that
protects the rights of the minority in the Senate and has been in place
almost since the founding of the country.
Earlier this year, a bipartisan group of 14 senators headed off an
effort to change the Senate rules on filibusters. Recently, one
Republican in that group, Sen. John Warner, declared that he is opposed
in principle to changing the rules on judicial filibusters. (See
<http://www.moveon.org/r?r=1102>http://www.moveon.org/r?r=1102>.)
Take Action
-----------------------------------
1. Send a message to your Senators opposing Judge Alito's nomination to
the Supreme Court at either of the following two links:
http://www.capwiz.com/now/mail/oneclick_compose/?alertid=8232106
http://prochoiceaction.org/campaign/sen_scotus_alito_103105/
2. Sign an online petition against Alito being compiled by a coalition
of groups, at one of the following three links:
http://petition.savethecourt.org/fwd/
http://www.workingforchange.com/activism/petition.cfm?itemid=20033
http://www.moveonpac.org/stopalito/
3. Contribute toward advertisements opposing Judge Alito:
http://www.savethecourt.org/TV
http://www.supremecourtwatch.org/ad.aspx
4. Student activists are invited to join FeministCampus.org in
Washington, DC during Freedom Winter (Jan. 3-20, 2006) to see the Alito
hearings and lobby against the nomination:
http://www.feministcampus.org/FreedomWinter06/signup.asp
More Information
-----------------------------------
A detailed survey of Judge Alito's positions and actions on a range of
issues compiled by People for the American Way :
http://tinyurl.com/c8hjt
Recently released writings of Judge Alito showing his extremism, and
other background on the nominee, from NARAL Pro-Choice America:
http://www.prochoiceamerica.org/about/newsroom/pressrelease/pr11302005_alitomemo.cfm
National Organization for Women's No on Alito Web site, with many
information and action resources:
http://www.now.org/issues/judicial/supreme/
American Civil Liberties Union (ACLU), which has not yet taken a
position on the nomination, urges Senate to scrutinize Judge Alito on
key civil-liberties issues:
http://www.aclu.org/scotus/2005/22155prs20051031.html
==================================
You can read these notices, including past alerts, on the Web at:
http://www.progressiveportal.org/updates/alerts/
End of ActionAlertsDiscussPP-oneqCxcDAinQT0dZR+***@public.gmane.org digest, issue 338
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How and Why To Oppose Judge Alito
By webweaver-***@public.gmane.org
------------------------------------------------------------
Date: Sat, 10 Dec 2005 02:29:51 +0000
How and Why To Oppose Judge Alito
AS MORE IS LEARNED ABOUT BUSH'S LATEST SUPREME-COURT NOMINEE,
REASONS TO OPPOSE -- AND BENEFITS OF DOING SO -- BECOME CLEAR
[From People for the American Way <http://www.pfaw.org>, EarthJustice
<http://www.earthjustice.org>, Feminist Majority
<http://www.feministmajority.org>, Fairness and Accuracy in Reporting
<http://www.fair.org>, MoveOn.org Political Action
<http://www.moveonpac.org>, National Organization for Women
<http://www.now.org>, NARAL Pro-Choice America
<http://www.prochoiceaction.org>, Planned Parenthood Federation
<http://www.ppfa.org>, and others]
----------
EDITOR'S NOTE: A major focus of ProgressivePortal.org is to cull
through and summarize the best progressive action alerts from a range of
organizations. In keeping with that objective, we have reviewed more
than 30 alerts from almost a dozen organizations to compile this Action
Alert. Your activist friends and associates may appreciate your
forwarding this alert, which saves you, and them, wading through a
thicket of messages about Judge Alito.
To receive alerts like this one by e-mail, send a blank message to:
alerts-all-***@public.gmane.org
Read recent alerts online at:
http://www.progressiveportal.org/alerts
----------
In this alert:
- What's the Matter with Sam Alito?
- Can This Nomination Be Stopped?
- Take Action (What You Can Do)
- More Information About Judge Alito
1. WHAT'S THE MATTER WITH SAM ALITO?
What's the problem with Judge Samuel Alito, President Bush's nominee to
replace retiring Justice Sandra Day O'Connor on the U.S. Supreme Court?
Here's a summary from some leading organizations:
People for the American Way:
"On the appeals court, Alito endorsed radical restrictions on
reproductive choice -- such as requiring that a woman notify her husband
before obtaining an abortion -- raising serious concerns about the
future of Roe v. Wade if he is confirmed. He is a leader of the radical
right-wing legal movement to prevent the federal government from
enforcing civil rights protections. He has claimed that the federal
government cannot fully apply the Family and Medical Leave Act to state
employees. [His decision was effectively overturned by the Supreme
Court.] He has even argued that Congress could not enact a ban on the
possession of machine guns. If confirmed, Alito could be a threat to our
rights and liberties for a generation or more." ... "While working under
Attorney General Edwin Meese, Alito urged President Reagan to veto a
bill to protect consumers from used car dealers who roll back odometers
- he said it wasn't the federal government's job to protect citizens'
health, safety and welfare." ... "Alito supported a law that allowed a
police officer to knowingly shoot in the back and kill an unarmed 15
year-old boy who fled a police attempt to arrest him as a suspect in a
$10 burglary. The Supreme Court and police groups opposed this
position."
Earthjustice (formerly Sierra Club Legal Defense Fund):
"A few of Judge Alito's past decisions are especially frightening. In
one case, Judge Alito joined in a 2-1 ruling that denied citizens access
to courts under the Clean Water Act, which authorizes citizens to bring
a civil enforcement action against alleged polluters. Judge Alito ruled
that a citizen group did not have standing to sue because it had not
demonstrated that serious harm to the environment had occurred, despite
the fact that the trial court had imposed a rare $2.6 million fine for
the company's violations of the Act. The Supreme Court has since
rejected Alito's analysis. Alito also wrote a dissent that would have
unjustifiably restricted Congress' authority under the "Commerce Clause"
(which is the basis for most federal environmental laws) when he claimed
that the law prohibiting the transfer or possession of machine guns was
unconstitutional. What will he decide about laws protecting our
environment?"
Feminist Majority:
"Here is a sampling of Alito's positions: [He was] the only judge on
the Third Circuit Court of Appeals to require women to notify their
husbands - even husbands who batter women - to obtain an abortion; voted
against the Family and Medical Leave Act - this time not permitting
state employees to sue for damages under the Act; dissented alone on a
decision upholding a conviction under the federal law prohibiting the
transfer or possession of machine guns - questioning whether Congress
had the power under the Commerce Clause to enact such a law; [was the]
lone dissenter on a sex discrimination in employment case - he wanted
"smoking gun"-type evidence making nearly impossible an effort to prove
sex discrimination."
Justice Sandra Day O'Connor, whom Alito would replace, writing for the
Supreme Court majority in rejecting Alito's husband-notification
abortion decision:
Alito's position would give "a man the kind of dominion over his wife
that parents exercise over their children."
Operation Rescue (radical anti-abortion group), commenting on Alito's
nomination and the Roe v. Wade decision that legalized abortion:
"Roe's days are numbered. ... We are trusting that we are now on the
fast-track to derailing Roe v. Wade as the law of the land."
MoveOn.org Political Action:
"In one significant case, Alito wrote a dissenting opinion that would
have allowed an unauthorized strip search of a woman and her 10 year-old
daughter, in their own home. ... Alito was outvoted and strongly
criticized by his fellow judges."
Judge Samuel Alito (in a 1985 job application to the Reagan White
House):
"I am particularly proud of my contributions in recent cases in which
the government has argued in the Supreme Court that racial and ethnic
quotas should not be allowed and that the Constitution does not protect
a right to an abortion." ...
(Commenting on a case before the Supreme Court:) "What can be made of
this opportunity to advance the goals of bringing about the eventual
overruling of Roe v. Wade and, in the meantime, of mitigating its
effects?"
2. CAN THIS NOMINATION BE STOPPED?
The battle to stop Judge Alito is certainly an uphill one - no question.
But it's not unwinnable, as the information in this section indicates.
However, the prospect of stopping the nomination isn't the only reason
to speak out. This is a time when liberal and progressive voices are
reasserting themselves strongly in the political discourse of the U.S.,
as public support for the Bush Administration crumbles and the
Republicans face increasingly obvious policy failures as well as scandal
and indictments. A powerful progressive outcry against Judge Alito not
only has a chance of stopping his nomination; it will also embolden
Congress (including the increasingly restive group of moderate
Republicans) to take a more assertive stand against the collapsing Bush
Administration on a range of issues for the remaining three years of his
term.
Some activists are beginning to see a chance that Alito can be stopped.
People for the American Way (PFAW) writes: "Though we are in for a tough
fight, we're in a better position than ever before to protect the Court.
Plagued by scandal and policy failures, President Bush and Senate
Majority Leader Bill Frist have lost Americans' confidence - Bush's
approval ratings are at an all-time low. As Minority Leader Harry Reid's
forcing the Senate into closed session last Tuesday showed, Democrats
have heard the public's call for the Senate to stand up to the
President."
PFAW continues: "Even conservative Republicans like Virginia's John
Warner have said they would oppose a power grab like Sen. Frist's
attempt to eliminate the filibuster with the "nuclear option." Rhode
Island moderate Republican Lincoln Chafee, who faces a tough reelection
battle next year, has said that Alito's nomination raises red flags:
"Alito has taken many positions that appear to place him at odds with
the protection of key fundamental rights."
The group continues: "The Senate Judiciary Committee has already
rebuffed the White House's attempt to steamroll through the advise and
consent process, refusing to begin hearings until after the December
recess. More and more senators are signaling that they're willing to
fight all the way on Alito's nomination if their concerns are not put to
rest."
In a separate message, PFAW reports: "When Alito appeared to disagree
with the Supreme Court case that established the fundamental democratic
principal 'one man, one vote' [one U.S.] senator said, "If he really
believes that is a questionable decision" then "you'll find a lot of
people, including me, willing to do whatever they can to keep him off
the court."
One possible scenario involves a filibuster by one or more senators
(almost certainly Democrats). The Republican senate leadership has
threatened to do away with the filibuster for judicial nominees. (In a
filibuster, a senator holds the floor indefinitely, refusing to yield to
other speakers, to block the Senate from taking action. Currently, it
takes 60 votes to stop a filibuster.) The filibuster is a rule that
protects the rights of the minority in the Senate and has been in place
almost since the founding of the country.
Earlier this year, a bipartisan group of 14 senators headed off an
effort to change the Senate rules on filibusters. Recently, one
Republican in that group, Sen. John Warner, declared that he is opposed
in principle to changing the rules on judicial filibusters. (See
<http://www.moveon.org/r?r=1102>http://www.moveon.org/r?r=1102>.)
Take Action
-----------------------------------
1. Send a message to your Senators opposing Judge Alito's nomination to
the Supreme Court at either of the following two links:
http://www.capwiz.com/now/mail/oneclick_compose/?alertid=8232106
http://prochoiceaction.org/campaign/sen_scotus_alito_103105/
2. Sign an online petition against Alito being compiled by a coalition
of groups, at one of the following three links:
http://petition.savethecourt.org/fwd/
http://www.workingforchange.com/activism/petition.cfm?itemid=20033
http://www.moveonpac.org/stopalito/
3. Contribute toward advertisements opposing Judge Alito:
http://www.savethecourt.org/TV
http://www.supremecourtwatch.org/ad.aspx
4. Student activists are invited to join FeministCampus.org in
Washington, DC during Freedom Winter (Jan. 3-20, 2006) to see the Alito
hearings and lobby against the nomination:
http://www.feministcampus.org/FreedomWinter06/signup.asp
More Information
-----------------------------------
A detailed survey of Judge Alito's positions and actions on a range of
issues compiled by People for the American Way :
http://tinyurl.com/c8hjt
Recently released writings of Judge Alito showing his extremism, and
other background on the nominee, from NARAL Pro-Choice America:
http://www.prochoiceamerica.org/about/newsroom/pressrelease/pr11302005_alitomemo.cfm
National Organization for Women's No on Alito Web site, with many
information and action resources:
http://www.now.org/issues/judicial/supreme/
American Civil Liberties Union (ACLU), which has not yet taken a
position on the nomination, urges Senate to scrutinize Judge Alito on
key civil-liberties issues:
http://www.aclu.org/scotus/2005/22155prs20051031.html
==================================
You can read these notices, including past alerts, on the Web at:
http://www.progressiveportal.org/updates/alerts/
End of ActionAlertsDiscussPP-oneqCxcDAinQT0dZR+***@public.gmane.org digest, issue 338
__________________________________________________
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Tired of spam? Yahoo! Mail has the best spam protection around
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