Judge Alito, in His Own Words

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Judge Alito, in His Own Words
Published: January 12, 2006

(excerpt)

EVIDENCE OF EXTREMISM Judge Alito's extraordinary praise of Judge Bork is unsettling, given that Judge Bork's radical legal views included rejecting the Supreme Court's entire line of privacy cases, even its 1965 ruling striking down a state law banning sales of contraceptives. Judge Alito's membership in Concerned Alumni of Princeton - a group whose offensive views about women, minorities and AIDS victims were discussed in greater detail at yesterday's hearing - is also deeply troubling, as is his unconvincing claim not to remember joining it.

OPPOSITION TO ROE V. WADE In 1985, Judge Alito made it clear that he believed the Constitution does not protect abortion rights. He had many chances this week to say he had changed his mind, but he refused. When offered the chance to say that Roe is a "super-precedent," entitled to special deference because it has been upheld so often, he refused that, too. As Charles Schumer, Democrat of New York, noted in particularly pointed questioning, since Judge Alito was willing to say that other doctrines, like one person one vote, are settled law, his unwillingness to say the same about Roe strongly suggests that he still believes what he believed in 1985.

SUPPORT FOR AN IMPERIAL PRESIDENCY Judge Alito has backed a controversial theory known as the "unitary executive," and argued that the attorney general should be immune from lawsuits when he installs illegal wiretaps. Judge Alito backed away from one of his most extreme statements in this area - his assertion, in a 1985 job application, that he believed "very strongly" in "the supremacy of the elected branches of government." But he left a disturbing impression that as a justice, he would undermine the Supreme Court's critical role in putting a check on presidential excesses.

INSENSITIVITY TO ORDINARY AMERICANS' RIGHTS Time and again, as a lawyer and a judge, the nominee has taken the side of big corporations against the "little guy," supported employers against employees, and routinely rejected the claims of women, racial minorities and the disabled. The hearing shed new light on his especially troubling dissent from a ruling by two Reagan-appointed judges, who said that workers at a coal-processing site were covered by Mine Safety and Health Act protections.

Continued @ http://www.nytimes.com/2006/01/12/opinion/12thur1.htm