by Matt Barr

Lockstep on Alito

Browsing my nomination day Alito primer, guess what I failed to notice. Here's a hint. Opposition research from People For the American Way, October 31:

[T]he judicial philosophy of Samuel Alito is far to the right. In fact, he has been given the nickname “Scalito” by some who practice before him and liken him to U.S. Supreme Court Justice Antonin Scalia. He has demonstrated hostility toward the principles undergirding a woman’s constitutionally protected right to govern her own reproductive choices – most notably in the Third Circuit’s attempt to limit or overturn Roe v. Wade in the context of the Planned Parenthood v. Casey case. In addition, he has issued a number of troubling opinions that seek to undermine established civil rights law, especially in the areas of gender and race, and that seek to severely limit the federal government’s ability to protect its citizens. Alito claimed that the federal government could not apply the Family and Medical Leave Act to state employees, a decision effectively reversed by the Supreme Court, and even argued that Congress could not enact a ban on the possession of machine guns. It is clear that Alito’s confirmation would seriously jeopardize Americans’ rights.

Bullet points (oops, sorry) from Think Progress' anti-Alito material posted October 31:

ALITO WOULD OVERTURN ROE V. WADE

ALITO WOULD ALLOW RACE-BASED DISCRIMINATION

ALITO WOULD ALLOW DISABILITY-BASED DISCRIMINATION

ALITO WOULD STRIKE DOWN THE FAMILY AND MEDICAL LEAVE ACT

ALITO SUPPORTS UNAUTHORIZED STRIP SEARCHES:

ALITO HOSTILE TOWARD IMMIGRANTS

Highlights from the Alliance For Justice's opposition research, October 31:

Despite President Bush’s suggestion that he values judges who are "restrained" and understand the limited role of the courts, Judge Alito has aggressively sought to curb Congress' legislative authority to tackle issues of national importance... Judge Alito has been a "conservative activist" whose "lack of deference to Congress is unsettling."... Judge Alito’s views suggest a commitment to accelerating the arrogation of power to the Supreme Court and away from Congress that was one of the hallmarks of the Rehnquist era.

The 27-page tome goes on to explore Alito's record on employment discrimination, civil liberties (principally Fourth Amendment cases), death penalty and habeas corpus, reproductive choice, antitrust, First Amendment, immigration, civil justice and challenging base closures.

Headers from Democratic National Committee talking points against Alito, October 31:

Samuel “Scalito” Alito Is on Bush’s Short-List for Supreme Court, And Has Strong Ties to the Bush Administration.

Alito Embarrassed Government by Failing to Obtain Crucial Mafia Conviction

Alito Held that “States Rights” Trumps Family and Medical Leave Act and Gun Safety Laws

Alito Wrote Opinion Holding that Certain Provisions of the Family and Medical Leave Act Was Overridden by State Law.

Alito Dissented from Decision Upholding Conviction Under Federal Gun Laws; Argued that Congress Had No Right to Enact the Law.

Alito Has Record of Hostility to Immigrants

Alito Authored Opinion Allowing Peremptory Challenges for Bilingual Jurors.

Alito Ignored Immigrant’s Claim that He Was Persecuted in Home Nation.

Alito Supported Harsh Penalties Against Immigrants.

Alito Has Repeatedly Voted Against Civil Rights and Liberties

Alito Tried to Imposed Impossible burden on Victims of Employment Discrimination Based on Race.

Alito’s Dissents Show that He Would Make it More Difficult for Victims of Gender and Disability Discrimination to Prove Their Case.

Several First Amendment Opinions Show that Alito Values Neither the First Amendment Nor Court Precedents Protecting First Amendment Protections.

Alito Supported Police Officer’s Clear Violation of Constitutional Rights.

Alito Has Record of Hostility to Reproductive Rights

Alito Would Require Women to Notify Husbands Before Exercising Her Reproductive Rights.

Alito Has Been Forced by Supreme Court Precedent to Maintain Abortion Rights—But Refuses to Endorse Court’s Reasoning.

Alito Ruled That Investors That Bought Junk Bonds In Donald Trump’s Defunct Casino Were Not Eligible For Compensation.

What was now-conspicuously missing then, that everyone from Sens. Biden (scroll to 12:23), Kennedy (11:25, 11:30 and 11:47), Leahy (10:13) and Schumer (2:36) to pundits like John Nichols, Jonathan Turley, Jeremy Brecher and Brendan Smith to the editorial boards of the St. Petersburg Times and the Detroit Free Press and reporters for the Christian Science Monitor and New York Times to traditionally nonpolitical bloggers agree is the overarching issue everyone should really be concerned about?

All of a sudden?

The head-shaking thing is that people think the only reason the country isn't outraged over the mad power grab of the President is because they really don't understand what a tyrant he is. It's not that everyone has heard about the NSA wiretaps and radioactive mosques and "torture" and etc. and decided they're glad the administration is being aggressive on their behalf; oh, no. It's that they haven't been spoonfed enough Bush Power Grab to understand the threat to their lives and liberties. So what should be an opportunity to have a debate about the role of the courts devolves into an opportunity to re-re-restate the thesis that Bush is an evil despot. And now he's installing judges whose sole purpose will be to rubber stamp his every illegal move! Don't you people see?

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