5 Questions Judge Alito Must Answer

5 Questions Judge Alito Must Answer

01/09/2006

BALTIMORE, MD - On the day that confirmation hearings begin in the U.S. Senate for Supreme Court nominee Judge Samuel A. Alito, Rep. Benjamin L. Cardin (D-MD) encouraged Judge Alito to answer 5 key questions about his written opinions and judicial philosophies. The questions relate to five areas of grave concern with Judge Alito's record: civil rights, separation of church and state, women's rights, domestic spying and worker's protections.

"I have grave concerns about some of Judge Alito's written opinions and legal memos, particularly those relating to civil rights, women's rights and Executive powers," said Rep. Cardin. "The next Supreme Court Justice stands to be the deciding vote on many serious Constitutional issues and therefore it is absolutely essential that Judge Alito be forthcoming in his answers so the Senate can properly evaluate his nomination."
5 Questions Judge Samuel A. Alito Must Answer

1. Civil Rights: The Supreme Court has played a major role in the civil rights movement. 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 you 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, perhaps most notably in the Bray v. Marriot Hotels employment discrimination case. Your record has prompted prominent civil rights groups, including the NAACP and the Mexican American Legal Defense and Education Fund, to oppose your nomination.

Question: With such an extensive record of hostility to claims of employment discrimination, why should racial minorities have confidence that you will not further weaken their protections from discrimination?

2. Voting Rights: You stated upon joining the Reagan administration that you disagreed with the rulings of the Warren Court on the issue of "apportionment." The rulings of the Warren Court on voting rights, of course, have proven through time to be some of the most fundamental and important to protecting the principle of "one man, one vote." Sen. Arlen Specter has said that these rulings were "instrumental to ensuring that all people's votes are weighted equally in our representative democracy."

Question: Do you stand by your disagreement with the Warren Court's rulings on "one man, one vote?"

3. Protecting a Woman's Privacy and Reproductive Rights: In a much publicized job application to the Reagan White House in 1985, you said you were "particularly proud" of your contribution to a Supreme Court brief which said that the "Constitution does not protect the right to abortion" and recommended an indirect assault on Roe v. Wade. Then in 1991, in Planned Parenthood v. Casey, you favored upholding a law that require women to notify their spouses before getting an abortion. While you noted in your opinion that the father has an interest in the "fate of the fetus," the Supreme Court struck down the law and Justice O'Connor wrote, "A state may not give to a man the kind of domain over his wife that parents exercise over their children."

Question: Do you believe that the Supreme Court should revisit Roe v. Wade?

4. Protecting Workers and the Right to Organize: A steady job, with fair treatment and fair wages, is essential to achieving the American dream and working families continue to fight every day for their rights and protections. Labor Unions and consumer advocacy organizations are opposing your nomination because, according to AFL-CIO President John Sweeney, you have a "disturbing tendency to take an extremely narrow and restrictive view of laws that protect workers' rights."

Question: Do you believe that the right to organize is a fundamental one? What can you point to in your record that suggests you'll support workers when their rights are violated by corporations?

5. Domestic Spying and Executive Power: Rep. Cardin has recently called on Speaker Dennis Hastert to hold hearings to investigate the legality of President Bush's secret NSA domestic spying program. In 1984, as a Justice Department lawyer, you drafted a memo defending government officials' ability to spy domestically without warrants. You have described yourself as a proponent of the "unitary executive" - a system where the President and the Executive Branch would have sweeping powers over all other branches of government.

Question: Were you, as a Federal Judge and an American citizen, troubled by the news that President Bush authorized a secret domestic spying program? Do you believe that the President and his Administration can exempt itself from the laws passed by Congress?

In November, Rep. Cardin outlined three general criteria that will guide him in evaluating judicial nominees as a U.S. Senator:

1. The nominee must demonstrate a deep understanding of and appreciation for the Constitution, its history and its profound impact on American lives. His or her views must represent mainstream American values, not narrow ideological interests;
2. The nominee must demonstrate a commitment to protecting civil rights, individual liberties, women's rights, worker rights, and environmental and consumer protections; and,
3. The nominee must demonstrate personal integrity, competence and an understanding and respect for the rights and responsibilities of each branch of government.

Rep. Cardin believes the duty to advise and consent on judicial nominations is "one of the most important responsibilities of a U.S. Senator.

"Just as the American people deserve to know where a nominee for Supreme Court stands on important issues, the people of Maryland deserve to know what criteria their next Senator will use to evaluate Supreme Court nominees and all federal judges," said Rep. Cardin. "On the Supreme Court or any other issue, Marylanders can count on me to continue to fight for the same principles I've fought for my whole life - expanding access to the American Dream to every family in Maryland."

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