Samuel "Scalito" Alito is turning out to be not just a liberal but a conservative's worse nightmare. The man is so extreme in his use of the law that I would be hard pressed to believe this man could get appointed to the SCOTUS. Especially with the paper trail that's popping by the minute. First off : Shoot to kill is a OK with him.
From Alito memo says police shooting justified [1]:
Asked to prepare a memo on whether the Reagan administration should intervene and how the case should be argued, Alito wrote, "The shooting can be justified as reasonable within the meaning of the Fourth Amendment."The young lawyer contended that "a fleeing suspect in effect states to the police: 'Kill me or let me escape the legal process, at least for now.'"
He added, "If every suspect could evade arrest by putting the state to this choice, societal order would quickly break down."
Alito argued against overturning the Tennessee law, but recommended that the administration stay out of the case.
The Supreme Court ruled 6-3 in early 1985 that the Tennessee statute and department policy violated Fourth Amendment protections, setting a precedent forbidding the use of deadly force by police except in certain circumstances. Justice Byron White wrote the majority's decision.
Link [2]
Is it any wonder why he refused to meet with the Black Congressional Caucus? Does this mean the Puerto Rican and Latino caucus are out of the picture as well? :
[via BAW: Alito Snubs Congressional Blacks, Talk of Senate Filibuster Heating Up [3]]:
Dandridge said the caucus, which has been critical of Alito's judicial opinions involving race, asked for a meeting with Alito last month but never got a response."We just assumed the answer was no," Dandridge said.
Last week, the Congressional Black Caucus announced its collective opposition to Alito, saying Alito's conservative views could place longstanding civil rights legislation in jeopardy.
"The members of the CBC are concerned about Judge Alito's opinions, many in dissent, in race cases where his decisions have disproportionately affected African-Americans," Rep. Mel Watt (D-N.C.), chairman of the caucus, said last week.
"We are troubled by what appears to be a very conservative judicial philosophy that seems greatly at odds with much of 20th century constitutional jurisprudence," he said.
Which reminds me, we need to start keeping a tally of all the organizations opposing Alito --so we can send them thank you notes galore. PFLAG jumps in the bandwagon with several other gay and lesbian organizations :
From U.S. Newswire : Releases : "PFLAG Unites with LGBT Rights Groups to Oppose Alito Nomination" [4]:
Parents, Families and Friends of Lesbians and Gays (PFLAG), Human Rights Campaign, National Gay and Lesbian Task Force, and National Center for Lesbian Rights today announced their opposition to the nomination of Samuel A. Alito to the Supreme Court of the United States, contending that Alito would roll back protections for the lesbian, gay, bisexual, and transgender community (LGBT) community."Alito's record indicates that he would not protect all families equally," said Jody M. Huckaby, executive director of PFLAG. "As parents, family members and friends, we know that there is too much at stake now to leave GLBT rights in the hands of Alito."
Link [5]
Meanwhile, Bill Frist has a fool on The Hill moment. In a show of psycopanthic premature verbal ejaculations, Frist threatens to call on the nuclear option (even though insiders tell me he has not a chance in hell to get the 51 votes he needs) :
From Frist Cautions Senators Against Stalling Alito Vote [6]:
Senate Majority Leader Bill Frist (R-Tenn.) threatened yesterday to strip Democrats of the power to filibuster if they block the vote on Supreme Court nominee Samuel A. Alito Jr."It would be against the intent of the Founding Fathers and our Constitution to deny Sam Alito an up-or-down vote on the floor of the United States Senate," he said on "Fox News Sunday."His willingness to consider a procedural maneuver called the "nuclear option" seemed somewhat premature. Last week, Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) said that although he anticipates intense questioning of Alito during next month's hearings, he does not detect strong sentiment for using the filibuster to stall a vote.
A spokesman for the leading Senate Democrat agreed."As far as I can tell, the only person talking about a filibuster is Senator Frist and some of the far-right fringe groups," said Jim Manley, spokesman for Minority Leader Harry M. Reid (Nev.). "This kind of talk is silly and unhelpful."
Link [7]
And senator Byrd is ready to give him the senatorial bird if need be :
From Politics News Article | Reuters.com | Fight looms if Republicans change Senate rules [8]:
Minutes after the Senate returned from a three-week vacation Byrd challenged Frist, a Tennessee Republican, in an unusually pointed floor debate."If the senator wants a fight, let him try. I'm 88 years old but I can still fight and fight I will for freedom of speech," Byrd said.
Byrd said he did not expect a filibuster against Alito, but complained, "I'm tired of hearing this threat thrown in our faces if we decide we want to filibuster."
Link [9]
Let's not call this victory, but at least let's pat ourselves in the back because obviously, we are doing our jobs :
From Step up Alito fight, right urges GOP [10]:
While Democratic senators such as Edward Kennedy (Mass.), Charles Schumer (N.Y.), Barbara Boxer (Calif.) and Patrick Leahy (Vt.) and liberal groups such as People for the American Way and the National Women's Law Center have raised concerns about Alito, Republican senators, with the notable exceptions of John Cornyn (Texas) and Judiciary Committee Chairman Arlen Specter (Pa.), have done little to rebut the criticisms, GOP aides say.The Democratic and liberal offensive against Alito is expected to rise a notch this week when civil-rights and labor groups come out against him, Senate Democratic and liberal strategists said. Last week, the National Women's Law Center announced its opposition to Alito.
"We'll probably see some activity [on Alito] next week, and as we get closer to the hearing there'll be a lot," said Stephanie Cutter, an aide to Kennedy.
Although Cornyn has issued regular press releases challenging liberal charges and Specter has defended Alito for failing to recuse himself from a case involving an investment firm to which he was connected, other Republicans have been mostly silent.
"Why only Cornyn?" asked a strategist for a conservative group allied with the White House in the court fight. "[The others] are back in their home states taking time off."
Link [11]
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