Scalito on Family Leave Act, Discrimination, etc. (thinkprogress.org)

[sonicx]

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.

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 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.”

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.”

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 essentially reversed a 2000 decision by Alito which found that Congress exceeded its power in passing the law.

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.

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.”

http://thinkprogress.org/2005/10/31/samuel-alitos-america/

[Maddy McCall]

1. Bookmarking and recommending this post.

Thanks.

[Dudley_DUright]

2. I think Scalito is too kind

More like Alito the Hun. Nice job Bush. :mad:

[xchrom]

3. thank you for this info.

it will interesting to see if any of this info creeps up in any of the democratic senators assessments of alito.

[Fleshdancer]

4. Jeez...Alito is the Wal-Mart of judicial candidates

screw women, screw minorities, screw the disabled...just wow.

[sonicx]

5. some other stuff

He ruled that female students who were phyisically sexually abused, including touching and sodomization, by fellow students during the course of a class do not have a cause of action under 42 U.S.C 1983 because the state does not have a special duty of caring for them. 42 U.S.C. 1983 allows for civil action for deprivation of rights.

He was the lone dissenter in US v. Rybar which upheld a federal statute making it "unlawful for any person to transfer or possess a machine gun." Alito would have stricken the law as unsupported by the Commerce Clause powers of Congress. In other words, in his view, we all have a Constitutional right to own a machine gun.

- Credit to DUer 'Scooter24'

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=1889112&mesg_id=1889155

[cornermouse]

6. Actually both of those are rather frightening.

[Fleshdancer]

8. so it's ok if my daughter gets raped in school but...

if she becomes pregnant she shouldn't have the choice of an abortion? Do I notify her of this hypothetical situation with or without a burka?

Can someone please tell me what country I live in? In all seriousness, HOW do I explain to my little girl that I had more rights growing up than her?

[sonicx]

7. one interesting tidbit

But in 2000, Alito joined the majority in ruling that a New Jersey law banning late-term abortions was unconstitutional.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=1889112&mesg_id=1889145

[Alpharetta]

9. Bush caters to his base

When he said "some call you the elites, I call you my base"

what he meant was they were his kind of people. the ones who were too rich to search. too white to fire. too old money to care about immigrants. too business-like to care about wheelchair access. the ones who can fly their kids across the border for abortions.

and those are the people who want Alito on the Supreme Court.

[Gman]

10. Well then, he's absolutely perfect

the perfect RW noominiee. They love to appoint those Italian Catholics.

[sonicx]

11. More insane positions...

A majority opinion in ACLU v. Schundler, 168 F.3d 92 (3d Cir. 1999), holding that the Establishment Clause was not violated by a city hall holiday display that contained a creche, a menorah, secular symbols of the season, and a banner proclaiming the city's dedication to diversity.

A majority opinion in Fatin v. INS, 12 F.3d 1233 (3d Cir. 1993), holding that an Iranian woman seeking asylum could establish that she had a well founded fear of persecution in Iran if she could show that compliance with that country's "gender specific laws and repressive social norms," such as the requirement that women wear a veil in public, would be deeply abhorrent to her. Judge Alito also held that she could establish eligibility for asylum by showing that she would be persecuted because of gender, belief in feminism, or membership in a feminist group.

A majority opinion in Saxe v. State College Area School District, 240 F.3d 200 (3d Cir. 2001), striking down as contrary to the First Amendment a public school district anti-harassment policy that extended to nonvulgar, non-school-sponsored speech that posed no realistic threat of substantial disruption of school work.

A majority opinion in Shore Regional High School Board of Education v. P.S., 381 F.3d 194 (3d Cir. 2004), holding that a school district did not provide a high school student with a free and appropriate public education, as required by the Individuals with Disabilities Education Act, when it failed to protect the student from bullying by fellow students who taunted the student based on his lack of athleticism and his perceived sexual orientation.

A majority opinion in Williams v. Price, 343 F.3d 223 (3d Cir. 2003), granting a writ of habeas corpus to an African-American state prisoner after state courts had refused to consider the testimony of a witness who stated that a juror had uttered derogatory remarks about African Americans during an encounter in the courthouse after the conclusion of the trial.

A dissenting opinion in Homar v. Gilbert, 89 F.3d 1009 (3d Cir. 1996) arguing that that a state university did not violate the procedural due process rights of a campus policeman when it suspended him without pay and without a prior hearing upon learning that he had been arrested and charged with drug offenses. The Supreme Court, which reversed and remanded the case on other grounds, agreed with Judge Alito's reasoning that no hearing was required prior to the suspension because the drug charges showed that the suspension was not baseless.

http://dailykos.com/comments/2005/10/31/63127/768/56#56

[M155Y_A1CH]

12. ” "In Dia v. Ashcroft,

the majority opinion states that Alito’s dissent “guts the statutory standard” and “ignores our precedent.” "

The last paragraph in your post says it all. The majority's criticism seems to be directed at the dissenter as much as his ruling.

This guy doesn't want to defend the law of the land, he wants to rewrite it.

[niallmac]

13. Ha ha! These Hypocrites are Sooooo hostile toward families.

They thump their unopened Bibles and declare how sacred the family is. Then they nom this
cretin who feels any law that allows a female Prole to spend time with its' newborn
is way out of line. Female Proles should not have a say over producing worker Proles.
Beam Me Up. I am no longer afraid of room 101. I am LIVING in it.

[Chi-Town Exile]

14. FUCK this asshole!

Our spineless Democrat senators better filibuster this MORAN.

[phusion]

15. must be opposed.

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.


:wtf: