FEINGOLD: NO - Alito's Death Penalty Responses 'Chilling'

[kpete]

Feingold : Alito's Death Penalty Responses 'Chilling'

Sen. Russ Feingold today issued a statement explaining his reasons for voting against Judge Sam Alito. Among them (no link yet, received by e-mail:)

To be blunt, Mr. Chairman, I found Judge Alito's answers to questions about the death penalty to be chilling. He focused almost entirely on procedures and deference to state courts, and didn't appear to recognize the extremely weighty constitutional and legal rights involved in any case where a person's life is at stake.

I was particularly troubled by his refusal to say that an individual who went through a procedurally perfect trial, but was later proven innocent, had a constitutional right not to be executed. The Constitution states that no one in this country will be deprived of life without due process of law. It is hard to even imagine how any process that would allow the execution of someone who is known to be innocent could satisfy that requirement of our Bill of Rights. I pressed Judge Alito on this topic but rather than answering the question directly or acknowledging how horrific the idea of executing an innocent person is, or even pointing to the House v. Bell case currently pending in the Supreme Court on a related issue, Judge Alito mechanically laid out the procedures a person would have to follow in state and federal court to raise an innocence claim, and the procedural barriers the person would have to surmount.

Judge Alito's record and response suggest that he analyzes death penalty appeals as a series of procedural hurdles that inmates must overcome, rather than as a critical backstop to prevent grave miscarriages of justice. The Supreme Court plays a very unique role in death penalty cases, and Judge Alito left me with no assurance that he would be able to review these cases without a weight on the scale in favor of the government.

http://talkleft.com/new_archives/013826.html

[OrangeCountyDemocrat]

1. Better Back It Up With A Fillibuster Mr. Feingold. nt

[G_j]

2. chilling indeed! so....... Filibuster !!!!!!!!!!!!!!!!!!!! n/t

[ewagner]

3. Mr Feingold goes to Washington

that's what we need....a real patriotic moment!

[rsinger]

4. Alito

I find it a little unnerving that this isn't the number one - and only - topic of conversation on every progressive blog in the blogosphere right now. Yes there are other big stories but, in fact, no, there is no other story right now. Everyone should be covering this nonstop, putting enormous pressure on the dems to get a filibuster going. Standing at the podium, declaring a no vote and articulating the dangers of having this man on the supreme court is worse than an empty gesture when the actual intention is only an empty vote of conscience that has no power behind it. Why aren't the dem leaders calling out all the stops, calling in every favor, putting the pressure on those dems holding out against filibuster? Why aren't people out in the streets in front of congress calling for filibuster? What's going on here?

[newyawker99]

5. Hi rsinger!!

Welcome to DU!! :toast: