November 10, 2005
(from
www.aclu.org)
Senate Urged to Explore Supreme Court Nominee Alito's Record
The ACLU has urged the Senate to carefully examine the civil liberties record of Judge Samuel Alito, President Bush's nominee to replace Sandra Day O'Connor on the United States Supreme Court, especially given Justice O'Connor's pivotal role on the Court.
As the organization that participates in more cases before the Supreme Court than any group except the government itself, the ACLU has a profound appreciation for the Court's role as the ultimate safeguard of our constitutional liberties.
Justice O'Connor has provided more than a swing vote on the Court. She has been a moderating voice on critical civil liberties issues ranging from race to religion to reproductive freedom. Judge Alito's position on each of these issues has been more hostile to civil liberties than positions taken by Justice O'Connor. His nomination therefore calls into question the court's delicate balance that Justice O'Connor has helped to shape and preserve.
For example, in Planned Parenthood v. Casey, Judge Alito voted to uphold a state law provision that required women to notify their husbands before having an abortion. Justice O'Connor joined with a majority of the Court in rejecting his position. In addition, Judge Alito has been more willing to support state-sponsored religious displays than Justice O'Connor. And he has written several dissenting opinions on the Third Circuit Court of Appeals that, if accepted, would have not only made it more difficult for victims of discrimination to prevail in bringing a suit, but would have made it more difficult for them to even get their case to a jury.
The Supreme Court's role as the ultimate safeguard of our constitutional liberties has never been more critical. In the weeks ahead, the ACLU will compile a complete report on Judge Alito's civil liberties record, including the good and the bad. And, with your help, we will make sure each and every Senator understands that record and acts on his or her obligation to protect the Supreme Court's vital position in our constitutional democracy.
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