The Complete Idiot's Guide to Defeating Alito, Chap 2: Stop Nuclear Option

[Wordie]

The moderate Senators of the Gang of 14 are key in the efforts to stop Alito. They're the ones who have pledged to preserve the filibuster, by agreeing that it should only be used in "extraordinary circumstances." Therefore, we must convince them that the circumstances really are extraordinary.

Here is what I am sending them by FAX:

THE FAILURE OF ALITO TO ANSWER CRUCIAL CONSTITUTIONAL QUESTIONS CONSTITUTES AN EXTRAORDINARY CIRCUMSTANCE!

Here are the questions to which we must have answers:
1. Does he accept the new “unitary executive” doctrine that the president has almost full power in interpreting what the president can do and cannot do? Or should the Supreme Court, as it determined in Marbury v. Madison (l803), remain the final arbiter on such issues?

2. In what kind of national emergencies may the president override constitutional guarantees to the rights of individuals in the body of the Constitution (the writ of habeas corpus) or the Bill of Rights (no searches without probable cause)?

If these guarantees are to be suspended under conditions of less than total war, is the president required to report to someone outside the court what he has done?

3. Do signing statements issued by the president provide legal grounds for his refusal to enforce specific provisions in the law? How can this policy be distinguished from the line-item veto, which the Supreme Court has already declared an unconstitutional delegation of legislative power?

President Bush claims authority on all the above issues. Some of Judge Alito’s earlier statements and rulings suggest that he accepts similar constitutional doctrines. If so, his appointment could consolidate the turn of the United States in a new authoritarian direction. If so, we should know it now.

(These questions were developed by BETTY GLAD, Olin Jenkins Professor of Political Science, University of South Carolina, Columbia, and were presented in an editorial which you can read here: http://www.thestate.com/mld/state/news/opinion/13690848.htm )

With these critical questions outstanding, how can any senator vote for Alito, or allow him to be confirmed? Think of the Anti-torture Act, recently passed by Congress with huge non-partisan support. Bush attached a signing statement, essentially nullifying it's intent. Don't you worry that Judge Alito, if confirmed as a Supreme Court Justice, would decide that such clearly illegal acts are constitutional? After all, so many of his writings and speeches support signing statements and other tools to increase the power of the executive. Judge Alito must not be confirmed, you must vote "No" and I also implore you to come out now and publicly state that you will not oppose a filibuster effort by the use of the nuclear option, until those questions are answered.

Sincerely,

******************************************************************************
You can even use additional formatting in your word processing program or FAX to bold and highlight the important parts, if you wish, for more impact.

If you haven't already done so, here is a great way to send a FAX to the Senators from your state (you can only do this once - I tried a second time with this new message and it wouldn't go through).

FAX Your Senators: FREE, easy, online http://www.SaveTheCourt.org/AlitoFax

Even if you have already contacted these Senators to urge them to vote against Alito, they need to be contacted once again, in an effort to convince them not to oppose the filibuster through use of the nuclear option. We do that by convincing them that there really are extraordinary circumstances.

Here are the moderate Senators who must be convinced that there are extraordinary circumstances:
(Note: A call or FAX may be best, as the email form does not allow you to set the topic. If email works best for you, though, please do that! The links are direct ones, and will take you to the Senator's webform page.)

The Gang of 14 Moderate Senators:

Democrats:

Robert Byrd (WV)
311 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
[phone]
Web Form: http://www.byrd.senate.gov/byrd_email.html
FAX: [phone]

Daniel Inouye (HI)
722 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
[phone]
Web Form: http://www.inouye.senate.gov/webform.html
FAX: [phone]

Mary Landrieu (LA)
724 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
[phone]
Web Form: http://www.landrieu.senate.gov/contact/index.cfm
FAX: [phone]

Joseph Lieberman (CT)
706 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
Web Form: http://lieberman.senate.gov/contact /
[phone]
FAX: [phone]

Ben Nelson (NE) (He has said he will vote to confirm.)
716 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
[phone]
Web Form: http://www.billnelson.senate.gov/contact/email.cfm
FAX: [phone]

Mark Pryor (AR)
217 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
[phone]
Web Form: http://www.pryor.senate.gov/contact /
FAX: [phone]

K. Salazar (CO)
UNITED STATES SENATE WASHINGTON DC 20510
[phone]
Web Form: http://salazar.senate.gov/contact/email.cfm
FAX: [phone]

Republicans:

This moderate Republican isn't really a member of the Gang of 14, but as the Chair of the Judiciary Committee, he is crucially important, so he is included as well:
ARLEN SPECTER (PA)
711 Hart Building, Washington, DC 20510
Phone: [phone]
Web Form: http://specter.senate.gov/index.cfm?FuseAction=ContactI...
FAX: [phone]

Lincoln Chafee (RI)
141A Russell, Washington, DC 20510
[phone]
Web Form: http://chafee.senate.gov/webform.htm
FAX: ) [phone]

Susan Collins (ME)
461 Dirksen Senate Office Building, Washington, DC 20510
Phone: [phone]
Web Form: http://collins.senate.gov/public /
FAX: [phone]

Olympia Snowe (ME)
154 Russell Senate Office Bldg., Washington DC 20510
Phone: [phone]
WebForm: http://snowe.senate.gov/Webform.htm
FAX: [phone]

Mike De Wine (OH)
140 Russell Senate Building, Washington, DC 20510
Phone: [phone]
Web Form: http://dewine.senate.gov / (Note: DeWine's site does not have a direct email link. You'll need to follow the link to his site, click on "Contact Information" and then click on the "email' link.)
FAX: [phone]

Lindsey Graham (SC)
290 Russell Senate Office Building, Washington, DC 20510
[phone] phone
Web Form: http://lgraham.senate.gov/index.cfm?mode=contactform
FAX: No FAX listed

John McCain (AZ)
241 Russell Senate Office Bldg., Washington DC 20510
Phone: [phone]
WebForm: http://mccain.senate.gov/index.cfm?fuseaction=Contact.H...
FAX: [phone]

John Warner (VA)
225 Russell Building, Washington, D.C. 20510
Phone: [phone]
WebForm: http://warner.senate.gov/contact/contactme.cfm
FAX: [phone]

[ItsTheMediaStupid]

1. Let them go nuclear - it looks more like a dictatotship that way

nm

[Wordie]

2. If Alito is confirmed, it may not just *look* like a dictatorship!

He supports a dangerous increase in the power of the presidency! Have you read about his positions on the "unitary executive" and "signing statements"?

[The Doctor.]

14. I'm seriously considering taking the "just let it all go to hell" stance..

Americans deserve a wake-up call from their long slumber of ignorance and complacency.
I know it would be horrible, but maybe the best way to save the country is to lose it.

[Wordie]

20. Nooooo! Alito would be on the bench for decades! The country would never

be saved, if we had to wait until he left the court. That's why this is so crucial!

[The Doctor.]

21. Oh, I'm not even dreaming I'll see a turn around in my lifetime...

But for the sake of the country's future... and that of our grandchildren, maybe we should just let it go and let it sink in.

[Wordie]

23. NO. eom

[bettyellen]

3. K+R

[Marleyb]

4. K&R

excellent!
:toast:

[emlev]

5. Question about the "nucular" option

My understanding is that Repubs have threatened that if Dems filibuster a judicial nominee they will vote to make filibustering judicial nominees unallowable.

But if the Dems are filibustering, they're preventing any votes from taking place, right? Including one to invoke the nuclear option? So that means the nuclear option would be retaliation for the filibuster, after the fact, and prevent its use for *'s next nominee? Am I understanding this correctly?

[Wordie]

8. I'm no expert on these things...

But I think that they would be separate votes. The democrats can filibuster, and that prevents the final vote on Alito from happening. I think, though, that Frist can schedule a vote on the nuclear option, even though the Dems are filibustering. I'm not certain here exactly how it all works, but I think that's the bare-bones outline of it.

The crucial thing at any rate is that enough Senators are convinced not to go nuclear. The agreement of the Gang of 14 was that there would be no filibusters of judicial nominees except in "extraordinary circumstances." The case must be made that this is extraordinary.

[mom cat]

6. Advocating an Imperial Presidency is also Extraordinary!

This is a dramatic shift in Constitutional interpretation. This alone should raise a red flag.
If the country chooses to give the highly unpopullar president unpopular imperial powers (don't hold your breath) that is one thing. But Bush is trying to grab them by stealth.
Bush believes that he is above the law. We must let him know that he is not!

[Hubert Flottz]

7. I sent Robert Byrd an email

I ask him to do everything he can to fight this criminal farce. If Giving Bush the power of a king, isn't an extraordinary circumstance, I don't know what is!.

[Wordie]

9. Great! Byrd is crucial. I hope he's willing to filibuster. eom

[Blaukraut]

10. wordie, Nelson contact link is wrong

it links to the wrong Nelson.
Here's the right one :-)

http://www.senate.gov/~bennelson/contact/email.cfm

[Wordie]

12. Thanks for catching it, LevensonK. Here is corrected phone number, too

Ben Nelson - corrected contact information.

Phone: [phone] (Washington D.C.)


Luckily, I managed to post the correct FAX number.

[Imalittleteapot]

11. A pleasure to contact everyone listed. My 2

Texas Senators won't listen, but they have been called and emailed as well.

[Wordie]

13. Each call to the RW Senators is a bit of discouragement to go nuclear.

At least, that's how I see it. So, it's great that you had the fortitude to contact them! :)

And even better that you did the whole list!

:applause:

[Tom Joad]

15. After the Bill of Rights is dead, imagine * saying "Heckuva job, Sammy"

If it won't bother you to see the Bill of Rights floating down the Potomac(allegorically speaking), then don't bother these gentleman and ladies, they have wars to support.

Otherwise, go out and raise hell.

The people lead. Congress follows.

[mom cat]

16. nocrony : anti-Alito Action Page:

:bounce:

There is new information in this post.:smoke:

The link listed below takes you to old "Filibuster Friday" page, but use it anyway. :smoke:

Dear Friends and Activists,

We know tens of thousands of you have already sent personal messages or made phone calls to Congress to demand a filibuster of Alito. But please still forward the alerts to other people you know who may not have done so, as many of our participants do. We are doing our best to make the alerts as fun and entertaining as we can, like with the contest to find the best Alito Filibuster Affirmation.

http://www.nocrony.com/cgi-bin/contest_index.cgi

We have been told the most effective way to follow up now is to call or fax your senators' LOCAL district offices, so if you haven't done that yet you can get all the numbers from the instant lookup at

http://nocrony.com

Here is today's alert:

STOP SAM ALITO FROM TURNING OUR SUPREME COURT INTO A NIGHTMARE
(located at 1 First Street N.E., Washington, DC)

ACTION PAGE: http://nocrony.com

CALL YOUR SENATORS ON THE TOLL FREE NUMBERS, 888-355-3588, 888-818-6641, 800-426-8073

There is a classic cliffhanger you've probably seen in more than one horror movie and it generally goes like this. One character in the movie is in some kind of a trance under an evil spell, and their inaction or unwitting complicity is required for the evil plan to be fulfilled. And you see the hero of the movie shaking them, and yelling at them, "Snap out of it!" because only by working together can the good and the just prevail. Because it is a movie at the last minute the hero always succeeds in getting the other character to come to their senses and everyone cheers. And that's exactly what is going on right now with the nightmare nomination of Samuel Alito to the Supreme Court.

Is "nightmare" too strong a word? Actually, that's the word that Bill Frist used just the other day in referring to their own nominee. For decades they have dreamt of overturning every progressive precedent since the New Deal . . . for privacy rights, for labor rights, for the rights of people to be protected from socially irresponsible corporations, and more. And now they even want to absolve the president himself from having to obey the laws of the people as passed by Congress, with Sam Alito the prime mover and judicial mastermind behind the so-called "unitary executive" theory. That is nothing more than dictatorship with a make-over. A dream to them perhaps, but truly said a very scary nightmare for the rest of us.

However, YOU can put a stop to the destruction of the very foundations of our democracy but speaking out to your senators and demanding they stand up for us at:

http://nocrony.com

There you will find a one click for that will send your personal message to all your members of Congress at once, and you can make it a letter to the editor of your nearest daily newspaper all at the same time. You can also instantly look up all their phone and fax numbers right down to their district offices.

Be ye not deceived by the corporate media talking heads who have taken over our airwaves. They speak of "done deals" to try to discourage some from taking action, like zombies in a horror movie. The last thing they want is for more and more of us to suddenly WAKE UP now and realize that we not only DO have the power to put a stop to a reactionary takeover our highest court, we have a DUTY as citizens to do so by telling our senators that they must take a stand and that we will support them for doing so.

Alito's problem is that he is NOT a judge. He is an advocate. He has a lifelong commitment to being an advocate, and here is the important part . . . his supporters are pushing him precisely because THEY believe he will be their advocate. They drop kicked their own Miers because she did not have enough proven fealty to the agenda of the extremist Federalist society or the doctrine of a particular religious group. He is just like Roberts, a stealth nominee who promised to respect the will of the people, but then immediately lurched to the far right to cast his first vote on the Supreme Court to try to strike down the TWICE expressed will of the people by voter initiative in Oregon.

In 1985 Alito stated categorically his belief that a woman's right to privacy is not constitutional. At his hearing he refused to say if he still holds this view, the equivalent of taking the Fifth Amendment. But Robert Bork said the other day that HE believes without a doubt that Alito is still that same guy. His supporters are only interested in installing a lock down vote who will rule as THEY want every time, without regard to the facts, the law or prior precedent. They want our country to be ruled by the kingly decree of their presidential signing statements, one of Alito's own personal brainstorms. And just like Frist, they will admit it even if Alito himself will not. In fact, they are bragging about it.

ACTION PAGE: http://nocrony.com

What Alito's advocates fear the most is that the American people will suddenly come to their senses, that more and more will speak out as they are doing now, and that our representatives will listen and obey the will of the people. That is why they've been in such a hurry to try to hustle this thing though, pushing for it happen "quickly" despite the fact that Sandra Day O'Connor is still on the bench for the duration. But thousands, and tens of thousands, and hundreds of thousands ARE speaking out in strong opposition.

Please add your voice to the growing chorus and the people will surely prevail. Together we will dispel the dark cloud over our Supreme Court. Because for people like Bill Frist real participatory democracy would be the worst nightmare of all. That would be a nightmare on a different street, a nightmare on FRIST Street.

Please take action NOW, so we can win all victories that are supposed to be ours, and forward this message to everyone else you know.

[gilpo]

17. Sent this through nocrony.com

Dear Senator,

I oppose the confirmation of Judge Samuel Alito to the Supreme Court of the United States. Judge Alito needs to prove that he opposes the "Unitary Executive" doctrine which is the single most insidious threat to our democracy, in my opinion. Further, I believe that the uncertainty over his opinion constitutes “extraordinary circumstances” in respect to the “nuclear option” and a filibuster must be supported. Please confer with your colleagues on the Gang of 14 and support a filibuster of Judge Alito’s confirmation.

I know that Norm Coleman (r- slimeball) will ignore this, but Dayton has nothing to lose and has been know to stand upon principle.

[Wordie]

18. Good job, gilpo! And welcome to DU!

Glad to have you aboard! :)

[mom cat]

19. Great job..Welcome to DU.. Thanks for your post.

:hi: :applause: :hi:

[patrice]

22. Phone Calls done.

Will try to do faxing this pm too.

[patrice]

24. Here's my LTE that will be in the KC Star tomorrow:

The extremeness of Judge Alito’s thinking, revealed in 15 years of rulings, demonstrates that he will radically change the Supreme Court in a way that will harm America.

Alito will be a rational judge, but somehow, try as he might, he will find he "must" side with the State against the interests of ordinary Americans. Cognitive patterns imprinted from decades of challenging Privacy, Civil Rights and the Regulation of Corporations don’t just cease influence upon the man’s mind because he moves his office.

Imagine the effect of Alito’s Supreme Court on middle-class citizens whose adolescents have made mistakes under Mandatory Minimum Sentencing Guidelines. Imagine the greater effect upon hundreds of thousands from lower classes whose children are crippled from birth by economic class and poor education. With trends toward Privitization of Prisons creating a Market, prisons will indeed become Crime Career Institutes in which Communism breeds amongst the Disenfranchised.

[Wordie]

26. Some *excellent* points there, patrice! And it's going to be published???

Good for you!!!

:applause:

[patrice]

27. They called to check that I wrote it and where I live.

Wasn't in the paper today, but maybe tomorrow. The Star has editorialized against the Alito nomination and is being roundly criticized for it.

[wiggs]

25. Another option

Dems filibuster until it appears Frist/Cheney will go nuclear...then dem senators walk out. If there are some republicans not in attendance, and if the total number of senators is less than 51...then there's no quorum to do business of any kind. No filibuster, no Alito vote, no rules changes, no action. Lots of headlines favorable to dems, I think.