Cardin Opposes Judge Alito's Confirmation to the Supreme Court

Cardin Opposes Judge Alito's Confirmation to the Supreme Court

01/23/2006

CATONSVILLE, MD - U.S. Rep. Benjamin L. Cardin (D-MD) today announced his opposition to the confirmation of Judge Samuel A. Alito to the Supreme Court, citing Judge Alito's disturbing written opinions and judicial philosophies on constitutional issues relating to civil rights, women's rights, and the separation of powers between branches of government.
Rep. Cardin released the following statement today:

"The person who replaces Justice Sandra Day O'Connor on the Supreme Court will almost certainly be the deciding vote on many important Constitutional issues. It is absolutely essential that the next Justice shares Justice O'Connor's appreciation for the Constitution, the fundamental rights it protects, and its profound impact on American lives.

"After reviewing Judge Samuel Alito's written decisions on the Circuit Court and his responses to Senate Judiciary Committee questions, I have grave concerns about the direction that Judge Alito would take the Supreme Court, particularly on issues relating to civil rights, women's rights and the separation of powers between branches of government. I therefore must oppose his confirmation to the Supreme Court.

"In the U.S. Senate, I will use three general guidelines to determine whether I vote in favor of a judicial nominee's confirmation to the bench. First, I will determine whether the nominee has an appreciation for the Constitution and a judicial philosophy that reflects American values, not narrow ideological interests. Second, I will look to the nominee's background and make sure that he or she has demonstrated a commitment to protecting basic rights: civil rights, individual liberties, women's rights, worker's rights and environmental and consumer protections. Third, the nominee must demonstrate personal integrity and a respect for the rights and responsibilities of each branch of government.

"The Supreme Court is often the last line of defense in protecting the interests of all Americans - whether from corporations, undue government intrusion or the excesses of majority rule. It was the written opinions of courageous Supreme Court justices that struck down the principle of "separate but equal" and integrated our schools, gave racial minorities access to housing and public facilities, and ensured that government can take action to level the playing field. The record reflects that Judge Alito frequently broke with the majority of the Circuit Court in anti-discrimination cases where the majority of the court ruled to advance protections for racial minorities. Judge Alito has also made disappointing comments in the past relating to voting rights. It is extremely important that all Justices on the Supreme Court appreciate the role the high court has played, and continues to play, in guaranteeing all Americans equal rights under the law.

"In 1984, as a Justice Department lawyer, Judge Alito drafted a memo defending government officials' ability to spy domestically without warrants. Although he has distanced himself from the extremely disturbing "Unitary Executive" theories he publicly praised years ago, he was far too vague in his answers at his confirmation hearing about the reach of Executive power.

"I do not question Judge Alito's personal integrity, qualifications or intelligence. However, his record exposes many items of concern, which his testimony did little to relieve. I question his commitment to protecting the Constitutional rights so critical to the freedom and happiness we enjoy. A lifetime position on the highest court in the land requires more comfort and clarity than Judge Alito has offered."

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