Monday, January 09, 2006

Alito may be the worst choice


Alito would solidify Bush control of all three branches of government.
Robert Kuttner - AT THIS moment in American history, it would be hard to find a worse Supreme Court nominee than Samuel A. Alito Jr

Alito's apologists insist that his views from the mid-1980s, when he worked at the Reagan White House, do not reflect his current conception of the law. But in a speech to the Federalist Society in November 2000, while a sitting appellate judge, Alito claimed almost limitless powers for the presidency and criticized other courts for limiting executive power. ''The president has not just some executive power," he declared, ''but the executive power -- the whole thing."

Oddly, while Alito favors an almost monarchic executive, he believes the federal government has limited powers to protect the health and safety of Americans or safeguard the environment. Alito and and his compatriots in the Federalist Society are critical of the Supreme Court's holding since 1937 that Congress, under the Constitution's commerce clause, may regulate to assure everything from a safe and healthy workplace to honest financial markets. According to University of Chicago professor Cass Sunstein and the watchdog group People for the American Way, Alito has written the largest number of dissents of any judge sitting on the conservative Third Circuit Court of Appeals, and over 90 percent of his dissents were more conservative than those of his colleagues.

With the Bush administration running roughshod over individual rights, Alito has tended to support prosecutors and corporations over individual citizens and employees, in cases involving civil liberties, civil rights, workplace rights, and reproductive freedom. In 1985, he wrote that he thought the Constitution ''does not protect the right to an abortion," flatly contradicting Roe v. Wade. And with corruption scandals festering in Washington, Alito conveniently forgot his pledge to recuse himself from cases in which he had a personal financial interest.


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