Wednesday, January 04, 2006

The Alito Crisis

There are a lot of things that bother me about Alito being considered for a seat on the Supreme Court, not the least of which is the fact he fully supports an “Imperial Presidency”. But then all the members of the Federalist Society, of which Alito is a member, promote that same thing; As well as the “Corporatization” of the nation’s government. The following article by Michael Carmichael is an excellent look at who and what Alito is, and the crisis we are faced with by those who not only sit on the Supreme Court, but by those who the Bush cabal want on it and why. They are out to fundamentally change what this country is, and into something far removed from our Constitution. After all, according to Bush, “the Constitution is just a Goddamn piece of paper” and he has plenty of “lawyers” around to support him on that, like Alito. -- Jack


THE ALITO CRISIS
By: Michael Carmichael
http://planetmove.blogspot.com/
“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 beallowed and that the Constitution does not protect a right to an abortion.” Judge Samuel Alito

Congress verges into crisis. The nomination of the arch-conservative, Samuel Alito, to the Supreme Court will precipitate a convulsion in Congress that will reverberate deeply on both sides of the aisles.

The Alito crisis will shake Congress to its core. What is at stake is quite simple: whether or not the United States will continue the radical transformation launched by George Bush and Dick Cheney to reconstitute America as a totalitarian theocracy.

Due to the abundance of official papers available on his judicial record, Judge Samuel Alito suffers a major disadvantage over the recently confirmed Chief Justice, John Roberts. It may be important to recall that Roberts received a relatively modest number of votes after vigorous scrutinizing in the Judiciary Committee that failed to discover his views on a host of constitutional topics, due to his finesse at denying the Senate information that might impinge on future cases.

By dodging and weaving through the confirmation hearings, Roberts eventually won confirmation but only by 78 ayes to 22 nays, the lowest tally with only one exception on the Supreme Court. While most Justices have been confirmed with 90 votes or more, the sole exception (other than Roberts) is obvious. After a bruising confirmation process that went into minute and forensic detail about serious charges of sexual harassment, Clarence Thomas won his confirmation by the slenderest margin in American history, 52-46. Today, the most optimistic and partisan prognostications for Alito predict that he will hopefully win his confirmation only by an embarrassingly weak 65-35 margin. But, it could be worse, much worse.

Due to the political makeup of Congress, Alito’s nomination may well test the recent rapprochement established by the Gang of 14 “moderates”, seven Democrats and seven Republicans who agreed not to filibuster judicial nominations. Since the agreement was reached in mid-2005, three judges have won marginal confirmations to the federal bench. In December, Senator Robert Byrd who is one of the Gang of 14 stated that the agreement may well reach meltdown in the case of Samuel Alito. Here is one reason why.

Alito was appointed to replace Justice Sandra Day O’Connor, who is frequently described as the “swing vote” on the Supreme Court. But, Samuel Alito is no Sandra Day O’Connor. He has authored three federal court decisions or dissents that have been reversed by the Supreme Court with Sandra Day O’Connor casting the decisive vote to protect the rights of women, state employees and convicts who receive less than the constitutionally required minimum standard of defense in cases involving the death penalty. That is right. Sandra Day O’Connor has personally reversed Samuel Alito on three crucial rulings that strike at the very heart of his radical right-wing ideology.

Let us take a closer look into the record and mind of Samuel Alito. For starters, he is from New Jersey, where he graduated from Princeton and then received his law degree from Yale. Since 1975, Alito has served the federal government and its court system in various capacities from working for the Solicitor General during the Reagan administration to sitting on the federal bench in the Third Circuit. Due to his long history of working for the government, Alito has left a vast reservoir of documentation that reveals his legal and political psychology. Ideologically, Alito is sexist, statist, federalist and inimical to civil rights and environmental protection.

Alito’s record is perfectly clear. Samuel Alito is a radical right-wing ideologue and a monumental threat to the constitution, civil rights, civil liberties, women’s rights, the environment and the rights of the individual as opposed to the powers of the state and its government. On Christmas Eve, 2005, the Washington Post published a story based on a document Alito authored in 1984 which defends the heads of US law enforcement agencies who ordered unauthorized (read, “illegal”) wiretaps. Should President Bush’s authorization of wiretaps sans the constitutionally mandated court order ever reach Judge Alito’s court there can be little doubt how he would vote.

It gets worse, a lot worse. Samuel Alito is deeply inimical to the rights of women to privacy in their reproductive lives. On this revealing point, his record is crystal clear. He is a dyed-in-the-wool sexist.

In 1991, Alito dissented from the decision of his colleagues to strike down a law that required married women to notify their husbands prior to abortion. The case was appealed to the Supreme Court, and Sandra Day O’Connor cast the decisive vote. She voted against Alito’s position describing the humiliating process that would have required married women to notify their husbands of their abortions as an, “undue burden.” This was mild language.

Alito’s position is nothing less than male chauvinism and tantamount to sexual apartheid. In Samuel Alito’s universe, women are a lower order than their husbands and must be compelled by the state to inform their masculine superiors about the most intimate aspects of their lives. While most married women will naturally confer with their husbands, they should never be compelled by the law to do so.

Judge Alito is a strident proponent of a gargantuan surge in government power that would invade the private lives of people based primarily on their genders or their racial heritage. The women of America have a huge stake in the nomination of Samuel Alito, and they are moving forward to fortify and defend the precious ramparts of liberty they have won over the past one hundred years of activism from suffrage to equal rights. They oppose him en masse with the few obvious exceptions of Coulter and her ilk.

In federal case after federal case, Samuel Alito has opposed anti-discrimination legislation. He has written opinion after opinion undermining civil rights to freedom from discrimination on the basis of gender or race. Judge Alito has argued consistently for the limitation of the federal government’s powers to protect its citizens from racial and sexual discrimination. His confirmation would put the rights of every American citizen in immediate and unceasing jeopardy.

Due to the time lapse between his nomination sixty days ago and the events that have uncovered a rapidly multiplying mare’s nest of scandals surrounding and penetrating the Bush White House, Samuel Alito has nearly been forgotten. That situation will soon change for we have now traversed the eye of the hurricane, and the storm is about to begin.

Samuel Alito is now opposed by a solid phalanx of progressives, Democrats and non-governmental organizations committed to the protection of civil rights and liberties in America. With one voice, women, minorities, environmentalists, civil rights workers and libertarians are united in their opposition to the dangers to America’s tradition of constitutional democracy, freedom, liberty and the pursuit of happiness posed by Samuel Alito.

A proponent of: unbridled executive powers, the police state, corporate interests and masculine supremacy, Samuel Alito is an implacable enemy of women’s rights, civil rights, civil liberties, the right to privacy, the environment and racial and sexual minorities.

After giving Samuel Alito the courtesy of a forensic and surgical confirmation hearing in the Judiciary Committee, the Democratic members should oppose him in a solid bloc. If the Democrats on the Judiciary Committee fail to stop this reckless nomination, the Democratic leadership should launch a filibuster to deny Alito confirmation via a floor vote in the senate. Any Democrat collaborating with Alito should be denied the party’s nomination as a matter of course.

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Sources:

Alito Leans Right, Where O'Connor Swung Left
http://www.washingtonpost.com/wp-dyn/content/article/2005/10/31/AR2005103101865.html

Alito’s America. Stop it before it happens for real.
http://alitosamerica.org/stripsearch.php

“I'm 88 Years Old, But I Can Still Fight, And Fight I Will For Freedom Of Speech”…
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2005/12/12/national/w143211S72.DTL

Alito played integral role in devising legal strategy to pare back Roe v. Wade
http://www.huffingtonpost.com/2005/11/30/alito-played-integral-rol_n_11499.html

U.S. Supreme Court Nominee Alito Seen as Ally by Businesses
http://www.bloomberg.com/apps/news?pid=washingtonstory&sid=IPD4YP076GHT

Pat Robertson: Alito Pick is a “Slam-Dunk Homerun”
http://www.huffingtonpost.com/2005/10/31/pat-robertson-alito-pick_n_9906.html

“There Will Be No One to the Right of Sam Alito on This Court”
http://thinkprogress.org/2005/10/31/alito-turley/
*************************************************

Michael Carmichael
Chairman & Chief Executive Officer
The Planetary Movement
64 Kingston Road
Oxford OX2 6RJ
United Kingdom

Telephone +44 1865 5653195

Website
www.planetarymovement.org















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