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Comments by YACCS
Monday, October 31, 2005

Back to the Past


Crush those rights, shove those immigrants
back, subjugate those women, yay.

This is from Think Progress:

Samuel Alito's America

CNN reports that "President Bush will nominate 3rd Circuit Appeals Court Judge Samuel Alito for the U.S. Supreme Court." Who is Samuel Alito? ThinkProgress has the facts:

ALITO WOULD OVERTURN ROE V. WADE: In his dissenting opinion in Planned Parenthood v. Casey, Alito concurred with the majority in supporting the restrictive abortion-related measures passed by the Pennsylvania legislature in the late 1980's. Alito went further, however, saying the majority was wrong to strike down a requirement that women notify their spouses before having an abortion. The Supreme Court later rejected Alito's view, voting to reaffirm Roe v. Wade. [Planned Parenthood of Southeastern Pennsylvania v. Casey, 1991]

ALITO WOULD ALLOW RACE-BASED DISCRIMINATION: Alito dissented from a decision in favor of a Marriott Hotel manager who said she had been discriminated against on the basis of race. The majority explained that Alito would have protected racist employers by "immuniz[ing] an employer from the reach of Title VII if the employer's belief that it had selected the ‘best' candidate was the result of conscious racial bias." [Bray v. Marriott Hotels, 1997]

ALITO WOULD ALLOW DISABILITY-BASED DISCRIMINATION: In Nathanson v. Medical College of Pennsylvania, the majority said the standard for proving disability-based discrimination articulated in Alito's dissent was so restrictive that "few if any…cases would survive summary judgment." [Nathanson v. Medical College of Pennsylvania, 1991]

ALITO WOULD STRIKE DOWN THE FAMILY AND MEDICAL LEAVE ACT: The Family and Medical Leave Act (FMLA) "guarantees most workers up to 12 weeks of unpaid leave to care for a loved one." The 2003 Supreme Court ruling upholding FMLA [Nevada v. Hibbs, 2003] essentially reversed a 2000 decision by Alito which found that Congress exceeded its power in passing the law. [Chittister v. Department of Community and Economic Development, 2000]

ALITO SUPPORTS UNAUTHORIZED STRIP SEARCHES: In Doe v. Groody, Alito agued that police officers had not violated constitutional rights when they strip searched a mother and her ten-year-old daughter while carrying out a search warrant that authorized only the search of a man and his home. [Doe v. Groody, 2004]

ALITO HOSTILE TOWARD IMMIGRANTS: In two cases involving the deportation of immigrants, the majority twice noted Alito's disregard of settled law. In Dia v. Ashcroft, the majority opinion states that Alito's dissent "guts the statutory standard" and "ignores our precedent." In Ki Se Lee v. Ashcroft, the majority stated Alito's opinion contradicted "well-recognized rules of statutory construction." [Dia v. Ashcroft, 2003; Ki Se Lee v. Ashcroft, 2004]

Well, Bush was stupid enough to listen to the right and picked some Scalia clone. Of course, then he has to reach out and get Democratic votes, which they shouldn't get. Getting the woefully incompetent and Bush lover Miers nominated was pure geinus. Now, he moves to the right with a guy who probably calls Attila the Hun a liberal.

Do they go with Patrica Owen or Edith Jones? No. Just another guy. The woman experiement is over. Now, back to the boys club.

Given that Rove has other problems, this should be the fight we all wanted. A long track record, against Roe v Wade, lots of unpopular stands.

This could be fun.

Remember one thing: the right thinks they have some kind of massive power, which they don't. Time they found that out.

posted by Steve @ 9:11:00 AM

9:11:00 AM

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