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Fight to the Defeat!, Left Says
NRO ONLINE ^ | 10-31-2005 | Kathryn Jean Lopez

Posted on 10/31/2005 10:10:39 AM PST by Reagan Man

BUSH PUTS DEMANDS OF FAR-RIGHT ABOVE INTERESTS OF AMERICANS

WITH HIGH COURT NOMINATION OF RIGHT-WING ACTIVIST ALITO

PFAW will wage massive national effort to defeat nominee

who would dramatically shift balance of Court

President Bush put the demands of his far-right political base above Americans’ constitutional rights and legal protections by nominating federal appeals court Judge Samuel Alito to replace retiring Supreme Court Justice Sandra Day O’Connor, said People For the American Way President Ralph G. Neas. “Right-wing leaders vetoed Miers because she failed their ideological litmus test. With Judge Alito, President Bush has obediently picked a nominee who passes that test with flying colors.”

“We had hoped President Bush would nominate someone with a commitment to protecting Americans’ rights and freedoms,” said Neas. “That’s what the American people want, and it’s what they deserve. Unfortunately, with Judge Alito, that’s not what President Bush has given us. He has chosen to divide Americans with a nominee guaranteed to cause a bitter fight.”

Neas said that People For the American Way will mobilize its 750,000 members and activists to wage a massive national effort to defeat Alito’s nomination and will work closely with its coalition partners to educate Americans about the threats posed by this nomination.

“Replacing a mainstream conservative like Justice O’Connor with a far-right activist like Samuel Alito would threaten Americans’ rights and legal protections for decades,” said Neas. “Justice O’Connor had a pivotal role at the center of the Court, often providing a crucial vote to protect privacy, civil rights, and so much more. All that would be at risk if she were replaced with Judge Alito, who has a record of ideological activism against privacy rights, civil rights, workers’ rights, and more.”

Neas said the President’s capitulation to the far right demonstrates the importance of our system of checks and balances and the importance of the Senate’s role in that system. “President Bush wasn’t willing to stand up to the far right, so Americans must count on senators to stand up for the Constitution,” said Neas. “Americans will have to live with the next justice long after President Bush has left office.”

Neas called on senators from both parties to take seriously their obligation to make a careful independent evaluation of the nominee’s record and judicial philosophy, especially given the red flags raised by Judge Alito’s record. “It is senators’ duty not to act as rubber stamps for the President’s nominees, but to examine all the evidence about the nominee’s record and make an independent judgment. We are confident that a careful examination of Samuel Alito’s record and judicial philosophy will ultimately lead to his rejection by the Senate.”

A preliminary report on Alito’s record is available from People For the American Way. Highlights of that record are included below.

Leading a Revolution Against Laws Protecting Individual and Other Rights

Alito is a leader of the radical right legal movement to prevent the federal government from enforcing civil rights protections and otherwise acting on behalf of the common good. According to one of Alito’s opinions, Congress had no authority to require state employers to comply with the Family and Medical Leave Act through payment of damages when they violate the law, a ruling that was repudiated by the Supreme Court. The late Chief Justice Rehnquist, a fellow ultraconservative, wrote the court’s decision. Alito also dissented from a ruling by the Third Circuit that Congress has the power under the Commerce Clause to restrict the transfer and possession of machine guns at gun shows.

Against Basic Protections for Workers

Alito’s record shows an alarming trend toward standing against protections for workers. In a number of dissenting opinions, Alito has taken positions that, if adopted, would have made it more difficult for victims of race and sex discrimination to prove their claims. In one case involving claims of race discrimination, the court majority sharply criticized Alito’s dissent, stating that his “position would immunize an employer from the reach of Title VII” in certain circumstances.

Hostile to Privacy and Reproductive Rights

Alito wants government to be able to interfere in personal decisions on reproductive rights. In one case, Alito attempted to uphold a provision of Pennsylvania’a restrictive anti-abortion law requiring a woman in certain circumstances to notify her husband before obtaining an abortion. Alito’s colleagues on the Third Circuit and Supreme Court disagreed, and overturned the provision.

Fails to Consider Racial Discrimination in Capital Punishment

In one case that came before Alito, an African American had been convicted of felony murder and sentenced to death by an all-white jury from which black jurors had been impermissibly struck. Alito cast the deciding vote and wrote the majority opinion in a 2-1 ruling rejecting the defendant’s claims. The full Third Circuit reversed Alito’s ruling, and the majority specifically criticized him for having compared statistical evidence about the prosecution’s exclusion of blacks from juries in capital cases to an explanation of why a disproportionate number of recent U.S. Presidents have been left-handed. According to the majority, “[t]o suggest any comparability to the striking of jurors based on their race is to minimize the history of discrimination against prospective black jurors and black defendants.”

The Future of the Supreme Court

The current vacancy on the Supreme Court is the second this year, and additional vacancies may occur in the next few years. Many important cases in recent years have been decided by just one or two votes, often with Justice O’Connor casting a decisive vote to uphold critical rights and liberties. Confirming additional far-right judicial activists like Samuel Alito to the Court would threaten hundreds of Supreme Court decisions that protect privacy, civil rights, religious liberty, reproductive choice, clean air and water, worker rights, consumer safety, educational opportunity, and much more.

“We are going to make sure that Americans understand what is at stake,” said Neas, “and how President Bush’s nomination of Samuel Alito threatens fundamental rights and legal protections.”


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: alitoakbar; bringiton; people4thesovietway
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To: FlipWilson

Could be mistaken, but I think it's the responsibilty of the liberal 7 of the 14 to decide "Extraordinary Circumstance" to support a Dem fillibuster. I think the RINOs decide to yay or nay on the nuclear option in turn.


21 posted on 10/31/2005 10:21:57 AM PST by Hadean
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To: Reagan Man

The end of liberal minority rule was never expected to come quietly.


22 posted on 10/31/2005 10:22:40 AM PST by thoughtomator (Ninety-nine Republican Arlen Specters aren’t worth one Democratic Zell Miller)
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To: Reagan Man

Are we ready to rumble?


23 posted on 10/31/2005 10:23:25 AM PST by Cyber Liberty (© 2005, Ravin' Lunatic since 4/98)
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To: Reagan Man

If they insist.


24 posted on 10/31/2005 10:25:39 AM PST by Republican Wildcat
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To: Reagan Man

From what I see from the gang of 7 Warner,McCain,Graham and Specter are pretty solidly onboard. I think Collins and Snowe who voted for Roberts might have a real hard time saying no to this nomination. Dem Conrad might vote for him because he has a tough reelection battle looming in heavy Pubbie North Dakota. I don't know what to think about Lancelot Linc.


25 posted on 10/31/2005 10:26:06 AM PST by DarthVader (Do something positive for your country today: Punch an America hating leftie in the mouth.)
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To: Reagan Man

Blah, blah, blah, blah.

Yawn.


26 posted on 10/31/2005 10:26:16 AM PST by savedbygrace ("No Monday morning quarterback has ever led a team to victory" GW Bush)
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To: trubluolyguy

The double standards of the Lefties are so well documented as to be self evident.


27 posted on 10/31/2005 10:26:56 AM PST by attiladhun2
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To: Reagan Man

Since when does the "People for the American Way" care about Americans?


28 posted on 10/31/2005 10:28:31 AM PST by Redleg Duke (9/11 - "WE WILL NEVER FORGET!")
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To: Hadean

Who knows how it works. But, in order to invoke the constitutional option, the Republicans will need 50 votes. That means out of the gang of 7, they need 2. I know Graham has learned his lesson, but I have to wonder whether the others have. We shall see, but my bet is that McCain will cave faster than he can run to a microphone.


29 posted on 10/31/2005 10:29:39 AM PST by FlipWilson
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To: trubluolyguy
Because, like children, the left assumes they can make all the rules ... anything less would just be so unfair.
30 posted on 10/31/2005 10:30:33 AM PST by Let's Roll ( "Congressmen who ... undermine the military ... should be arrested, exiled or hanged" - A. Lincoln)
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To: Reagan Man
Neas said that People For the American Way will mobilize its 750,000 members and activists to wage a massive national effort to defeat Alito’s nomination and will work closely with its coalition partners to educate Americans about the threats posed by this nomination.

Yeah, just like the right mobilized its troops to oppose extreme leftist Ruth Ginsburg based solely upon her idealogical bent. No, wait, we didn't. We let the President choose whatever qualified candidate he wanted despite our disgust with her ideas. That will never happen again thanks to the shameless tactics of the Abortion Party.

I don't think the left knows what they're in for with this one. This is the battle that the right has been waiting and preparing for over the last few decades. This is it. We will take no prisoners and will utterly destroy anyone that gets in our way on this. Heck, we even took on the Republican President - and won - when he didn't pick a suitable nominee. The gloves are off. Bring it on.

31 posted on 10/31/2005 10:32:28 AM PST by Spiff ("They start yelling, 'Murderer!' 'Traitor!' They call me by name." - Gael Murphy, Code Pink leader)
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To: Reagan Man
The word 'Libby' rings a bell but I just can't place it. hmmm.
32 posted on 10/31/2005 10:32:30 AM PST by YouPosting2Me
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To: Let's Roll

Because, like children, the left assumes they can make all the rules ... anything less would just be so unfair.



It's time these children got sent to their rooms for a couple of generations and let patriotic Americans fix what it took them 40 years to foul up.


33 posted on 10/31/2005 10:33:33 AM PST by trubluolyguy (Is it more stupid believe in God, or to be offended by that which you don't believe exists?)
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To: Reagan Man
BRING IT ON MOFOS!!

(NFL Films Voice) "In the frozen tundra of Lambeau Field, Quarterback President Bush scrambled to his right, and with a block from SCOTUS nominee Alito, drove into the end zone through the liberal Dallas Cowboy defense...."

34 posted on 10/31/2005 10:35:18 AM PST by Extremely Extreme Extremist (Harmful or Fatal if Swallowed)
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To: Reagan Man
We must be prepared to explain and defend our judicial philosophy, and contrast it with the left's lawlessness.

And with Alito, it can be done, and done.

The base is united.

"This is fabulous!" exclaimed Rush.

Dittos.

35 posted on 10/31/2005 10:36:06 AM PST by alcuin (Bring it on.)
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To: FlipWilson

If McCain really wants to run for President (as a Republican) he can't oppose this nomination. In the end, he'll be on board.


36 posted on 10/31/2005 10:36:28 AM PST by Swampmarine
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To: thoughtomator

Sums it up perfectly.


37 posted on 10/31/2005 10:41:07 AM PST by gogeo (Often wrong but seldom in doubt.)
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To: Reagan Man
They're party is insignificant next to the power of the Force.
38 posted on 10/31/2005 10:41:49 AM PST by Lancer_N3502A
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To: Spiff

D@mn straight!


39 posted on 10/31/2005 10:42:23 AM PST by gogeo (Often wrong but seldom in doubt.)
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To: Reagan Man

Then defeat it is!

This is Braveheart!

I aam going to pik a faaaight!!!! (My Scottish is rusty.)

You want it, you got it!


40 posted on 10/31/2005 10:43:55 AM PST by The_Republican
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