6
 Samuel Alito: His nomination threatens individual rights, and he practices deception to hide his extreme views. Alito threatens individual rights, and tries to hide his extreme views. Below we provide some key examples in three major areas where Alito would threaten individual rights that are sacred to Americans, followed by examples of Alito’s record of deception. This is a criti cal moment for America. The Supreme Court has been almost evenly divided on many important issues. Replacing the moderate views of Justice Sandra Day O’Connor with extreme views of Judge Samuel Alito would destroy the balance on t he Court. In many important cases where Justice O’Connor has protected our rights, Judge Alito’s record shows he would put those rights in serious jeopardy. Alito threatens individual rights.  1) Civil Liberties, Privacy, and Reproduct ive Choice Civil Liberties In 2004 in the case of Doe v. Groody , Alito argued to authorize the strip search of a 10-year-old girl and her mother in their own home, without a warrant, although neither of them was suspected of any wrongdoing. He was outvoted and criticized by his fellow judges for his position. One of those judges was Michael Chertoff, who later became Bush’s Secretary of Homeland Security. 1 “During his 15 years on the  federal bench, Supreme Court nominee Samuel  Alito has worked quietly but  resolutely to weave a  conservative legal agenda into the fabric of the  nation's laws… A review of  Alito's work on dozens of  cases that raised important  social issues found that he  rarely supports individual  rights claims…In other  areas, Alito often goes out  of his way to narrow the  scope of individual rights,  sometimes reaching out to undo lower-court rulings  that affirmed those rights.” – Knight Ridder, in a review of all 311 of Alito’s published opinions. 29 In 1974, Edward Garner, a 15-year-old African American boy was shot in the back and killed by the Memphis, Tennessee police while running away from a $10 robbery. The 6th Circuit Court of Appeals ruled that stopping an unarmed juvenile suspect by shooting him in the back was unconstitutional. Alito, however, believed it should be lawful, and 10 years later he argued to the Reagan administration that they should intercede and appeal the ruling. 2 Privacy While working in the Reagan administration, Alito argued that the Attorney General should be immune from charges if s/he illegally wiretaps conversations of American citizens without a warrant. 3  This is especially disconcerting since he has been nominated by a President claims unlimited executive authority to spy on Americans. Reproducti ve Choice Alito’s judicial record and writings make it clear that he is opposed to a woman’s right to choose. In a 1985 job application, he described his pleasure at being able to advance “legal positions in which I personally believe very strongly,” that “I am particularly proud of my contributions in recent 1

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Page 1: 00076-fact

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 16

Samuel Alito His nomination threatensindividual rights and he practices

deception to hide his extreme viewsAlito threatens individual rights and tries to hide his extreme viewsBelow we provide some key examples in three major areas whereAlito would threaten individual rights that are sacred to Americansfollowed by examples of Alitorsquos record of deception

This is a critical moment for America The Supreme Court has beenalmost evenly divided on many important issues Replacing themoderate views of Justice Sandra Day OrsquoConnor with extreme viewsof Judge Samuel Alito would destroy the balance on the Court Inmany important cases where Justice OrsquoConnor has protected ourrights Judge Alitorsquos record shows he would put those rights in

serious jeopardy

Alito threatens individual rights

1) Civil Liberties Privacy and Reproductive Choice

Civil Liberties

In 2004 in the case of Doe v Groody Alito argued toauthorize the strip search of a 10-year-old girl and hermother in their own home without a warrant althoughneither of them was suspected of any wrongdoing He wasoutvoted and criticized by his fellow judges for his position One of those judges was MichaelChertoff who later became Bushrsquos Secretary of Homeland Security1

ldquoDuring his 15 years on the

federal bench Supreme

Court nominee Samuel Alito has worked quietly but

resolutely to weave a

conservative legal agenda

into the fabric of the

nations lawshellip A review of

Alitos work on dozens of

cases that raised important

social issues found that he

rarely supports individual

rights claimshellipIn other

areas Alito often goes out

of his way to narrow the scope of individual rights

sometimes reaching out to

undo lower-court rulings

that affirmed those rightsrdquo

ndash Knight Ridder in a review

of all 311 of Alitorsquos

published opinions29

In 1974 Edward Garner a 15-year-old African American boy was shot in the back and killed bythe Memphis Tennessee police while running away from a $10 robbery The 6th Circuit Court ofAppeals ruled that stopping an unarmed juvenile suspect by shooting him in the back wasunconstitutional Alito however believed it should be lawful and 10 years later he argued to theReagan administration that they should intercede and appeal the ruling

2

Privacy

While working in the Reagan administration Alito argued that the Attorney General should beimmune from charges if she illegally wiretaps conversations of American citizens without a

warrant

3

This is especially disconcerting since he has been nominated by a President claimsunlimited executive authority to spy on Americans

Reproductive Choice

Alitorsquos judicial record and writings make it clear that he is opposed to a womanrsquos right to choose

In a 1985 job application he described his pleasure at being able to advance ldquolegal positions inwhich I personally believe very stronglyrdquo that ldquoI am particularly proud of my contributions in recent

1

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 26

cases in which the government has argued in the Supreme Courthellipthat the Constitution does notprotect a right to an abortionrdquo4

In another Reagan era memo Alito sketched out his commitment to a long term strategy tooverturn Roe v Wade arguing that the government should approach pending cases by asking

What can be made of this opportunity to advance the goals of bringing about the eventualoverruling of Roe v Wade and in the meantime of mitigating its effects5

As a judge he continued this trend In Planned Parenthood v Casey Alitorsquos fellow judges on the3rd Circuit Court of Appeals struck down the most restrictive part of the lawmdashthe requirement forspousal notification in all casesmdashas unconstitutional under Roe v Wade Alito dissented arguingfor a standard that would have made it very hard to challenge any restrictions to abortion thusundermining the results of Roe v Wade Alitorsquos position was later rejected by the SupremeCourt

6 with Justice Sandra Day OrsquoConnor casting the decisive 5th vote to overturn this law

7

2) Public Health and Safety Workersrsquo Rights

Alito poses a grave threat to the rights of workers and communities to basic safety and fairtreatment

Workersrsquo Rights

In cases where Alito personally wrote an opinion or a dissent that affected workers rights hesided against workers 16 times and with them only 4

8

In another famous case (Chittister v Department of Community and Economic Development )Alito tried to undermine the Family and Medical Leave Act ruling that state employees could notsue to protect their right to care for a seriously ill family member This ruling was also based onAlitorsquos extremely limited view of Congressional authority to protect the public interest His rulingwas later overturned by the Supreme Court

9 Sandra Day OrsquoConnor was part of the majority in

the decision to overturn this ruling in the case of Nevada Deprsquot of Human Resources v Hibbs

10

In an effort to guarantee fair treatment for ordinary workers the state of Pennsylvania passed alaw that made corporate officers ultimately liable for unpaid wages and benefits their companyowed to rank and file workers In the case of Belcufine v Aloe Alito once again supported theinterests of the powerful over the rights of ordinary Americans by ruling that the CEOs couldabandon their debt to their workers once the corporation filed for bankruptcy

11

In RNS Health Services INC v Secretary of Labor a group of coal processing workers sued toaddress unsafe working conditions Alito agreed that the safety violations were taking place buttried to reject the workers claims by narrowing the authority of the federal agency charged withprotecting the safety of mine workersmdasha move that would have left many vulnerable workerswithout basic protections He was overruled by his fellow judges12

Public Health and Safety

In one of Alitorsquos most significant cases US v Rybar he tried to strike down a law that restrictedbuying and selling machine guns because he didnrsquot think the Constitution granted Congress theauthority to pass such a regulation Once again he was overruled by his fellow judges This caseis extremely important because the same arguments Alito used here (about limitingCongressional authority under the ldquocommerce clauserdquo of the Constitution) could also underminea wide range of basic worker protections environmental protections and civil rights laws

13

2

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 36

While working in the Reagan administration Alito once urged the president to veto legislation thatwould have protected consumers from crooked car dealers by making odometer fraud moredifficult His argument was that the federal government is not ldquocharged with protecting thehealth safety and welfare of their citizensrdquo President Reagan rejected this advice and signedthe legislation

14

As the AFL-CIO concluded

ldquoWe are compelled to oppose [Alitorsquos] nomination to be an Associate Justice on the United States Supreme Court hellipJudge Alitorsquos decisions and dissents show a disturbing tendency to take an extremely narrow and restrictive view of laws passed by Congress to protect workersrsquo rightsresulting in workers being deprived of wage and hour health and safety anti-discriminationpension and other important protectionsrdquo

15

3) Civil Rights for Minorities Women and the Disabled

Voting Rights

Alito has written that his motivation to become a lawyer was largely due to his strongdisagreement with the decisions made during the tenure of Chief Justice Earl Warren especiallythe cases involving ldquoreapportionmentrdquo These 1960rsquos cases most notably Baker v Carr arewidely regarded as among the most important achievements of the Civil Rights Movement

The cases Alito objects to established the principle of ldquoone man one voterdquo They abolished thepractice of drawing legislative districts and municipalities so some votes counted more thanothers or to purposely deny equal representation to minority populations16 Alito has not had theopportunity to make any significant voting rights rulings on the 3rd Circuit Court of Appeals buton the Supreme Court he undoubtedly would

Anti-Discrimination Protections

Alitorsquos nomination poses a grave threat to the rights of women minorities and the disabled to beprotected against housing and employment discrimination

In one notable case (Sheridan v EI DuPont de Nemours and Company ) a jury had alreadyagreed that Barbara Sheridan had been unfairly denied a promotion at a hotel based on genderthen forced from her job when she complained about the discrimination Alito argued that noreasonable jury would find the womanrsquos evidence convincing and argued to overturn the rulingHe was outvoted by his fellow judges 10 to 117

This compares to Justice Sandra Day OrsquoConnor who was the swing vote in the 2005 case ofJackson v Birmingham Bd of Educ OrsquoConnor wrote the opinion that ruled retaliation againstthose who complain about illegal sex discrimination was impermissible

18

Alito has shown a particular hostility to African American plaintiffs and in 15 years has almostalways sided against them in discrimination casesmdashoften trying to deny them the chance for a

jury to even hear the facts of their case For example in Bray v Marriot Hotels he tried to deny atrial to Beryl Bray a Marriott employee who was passed over for a promotion in favor of a whitecolleague despite her clear qualifications Alitorsquos argument would have set the bar so high toprove discrimination that it would have blocked most cases from even going to trial to determinethe facts He was once again outvoted by his colleagues19

3

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 46

Alito has also tried to make it far more difficult for the handicapped to obtain necessary workplaceaccommodations In Nathanson v Medical College of Pennsylvania Alito argued that JayneNathanson did not deserve a trial to hear her claim that her school was not accommodating herback injuries The majority criticized Judge Alitorsquos analysis and stated that ldquofew if anyRehabilitation Act cases would survive summary judgment if such an analysis were applied to

each handicapped individualrsquos request for accommodationsrdquo

20

As the NAACP concluded

The Legal Defense Fund has conducted a thorough review of Judge Alitorsquos legal and judicial record in a number of civil rights subject areas which are very important to us federalismaffirmative action employment discrimination voting rights criminal justice and other race discrimination cases The overwhelming majority of African-American litigants whose claims Judge Alito has adjudicated have lost his vote We can predict with substantial certainty that Judge Alito will very likely vote in a manner that given the current composition of the Court will cause a substantial shift in the Courtrsquos civil rights jurisprudence with devastating effects

21

Alito practices deception to hide his extreme views

Alito has repeatedly deceived Congress and the nation in an attempt to hide his extreme views andlapses in judicial ethics Americans must be able to trust the Justices of the Supreme Court to tell thetruth and to honor their ethical obligations

Here are some of Alitorsquos most worrisome deceptions

On constitutional beliefs about reproductive choice

In a 1985 job application to the Reagan administration Alito wrote of his ldquostrong personal beliefrdquothat the ldquoConstitution does not protect a right to an abortionrdquo22

Last month while talking to the pro-choice Senator Dianne Feinstein he claimed that he onlymade that statement because he was a ldquopartisan advocaterdquo ldquotrying to get a jobrdquo

23 If he would

deceive about a core constitutional question in order to obtain that job what would he say to getconfirmed to the Supreme Court

On judicial ethics

During the nomination process for his current post as a federal judge Alito promised the Senatein writing that he would not rule on cases involving corporations in which he had a personalfinancial stake He cited the Vanguard Corporation in which he had nearly $400000 invested24

But less than 5 years after winning confirmation with that promise he ruled in favor of theVanguard Corporation in a case that came before the 3rd Circuit To explain this lapse he has

offered several explanations that strain credulity including saying that he didnt recuse himselfbecause a computer failed to remind him of his promise

25

His personal views on diversity and civil rights

When applying for a top job in the Reagan administration Alito proudly touted his ldquoactivemembershiprdquo in the Concerned Alumni of Princeton or CAP a far right group that opposed theadmission of women and wanted to reduce the admission of minorities to the university

26 The

4

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 56

group was so extreme that even fellow alumnus Republican Senate Leader Bill Frist called theirviews distorted narrow and hostile27

Now Alito is publicly claiming that he ldquocannot recallrdquo ever being a member of CAP28

Sources

1 ldquoAlitos remark on strip search of girl 10 prompts questionsrdquo Boston Globe November 25 2005httpwwwbostoncomnewsnationwashingtonarticles20051125alitos_remark_on_strip_search_of_girl_10_prompts_questionspage=full

2ldquoShoot to Killrdquo Slate December 2 20005 httpwwwslatecomid2131373nav=tap3

3 ldquoAlito Urged Wiretap Immunityrdquo Washington Post December 24 2005httpwwwmoveonorgrr=1318

4

See the full text of Alitorsquos personal statement from his 1985 job application to the Department of Justicehere httpnewsfindlawcomnytimesdocsalito111585stmnt2html

5ldquoNew Alito Memorandum Reveals His Role at DOJ as Anti-Choice Legal Architectrdquo NARAL Pro-Choice

America press releasehttpwwwprochoiceamericaorgaboutnewsroompressreleasepr11302005_alitomemocfm

6 ldquoAbortion case will be key at Alito hearingrdquo Associated Press January 3 2006httpwwwbradentoncommldbradentonnewspolitics13537640htm

7 People for the American Way httpwwwpfaworgpfawgeneraldefaultaspxoid=19889 8 Review of Judge Samuel Alitos Record in Worker Rights Cases Prepared by the American Federation

of Labor and Congress of Industrial Organizations (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

9Review of Alitorsquos Record (AFL-CIO) December 14 2005

httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

10 People for the American Way httpwwwpfaworgpfawgeneraldefaultaspxoid=19889

11 ldquoRecord leaves no doubt hersquos conservativerdquo San Francisco Chronicle Tuesday November 1 2005httpwwwsfgatecomcgi-binarticlecgifile=chroniclearchive20051101MNGG3FH6UP1DTL 12

Review of Alitorsquos Record (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

13ldquoAlito Opinion in 1996 Gun Case Hints at views on Federalismrdquo Wall Street Journal November 4 2005

httponlinewsjcompublicarticleSB113106929672288087-aq4yUcaeYEDDM5Vq17_8BXHuvDg_20061104htmlmod=blogs

14ldquoNo Right to Abortion Alito Argued in 1985rdquo Washington Post November 15 2005

httpwwwwashingtonpostcomwp-dyncontentarticle20051114AR2005111400720_pfhtml

5

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 66

15 Review of Alitorsquos Record (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf 16 ldquoEditorial Observer Question for Judge Alito What about One Person One Voterdquo New York Times

January 3 2006 httpwwwnytimescom20060103opinion03tues3htmlhp

17ldquoThe Nomination of Samuel Alito A Watershed Moment for Womenrdquo National Womenrsquos Law Center

December 15 2005 p31httpwwwnwlcorgpdfNWLCAlitoReport12-15-05pdf

18 ldquo5 ndash 4 Decisions Show Whatrsquos at Stakerdquo Think Progress July 1 2005httpthinkprogressorg200507015-4-decisions-show-whats-at-stake

19ldquoThe Nomination of Judge Samuel A Alito Jr To the Supreme Court of the United Statesrdquo NAACP

Legal Defense And Educational Fund December 15 2005 p 29httpwwwnaacpldforgcontentpdfalitoReport_on_the_Nomination_of_Judge_Samuel_A_Alito_Jr_to

_the_Supreme_Court_of_the_United_Statespdf

20Action Alert from the Judge David L Bazelon Center for Mental Health Law

httpbazelonorgtakeactionalerts11-13-05-AlitoAlerthtm 21 ldquoThe Nomination of Judge Samuel A Alito Jr To the Supreme Court of the United Statesrdquo NAACP Legal Defense And Educational Fund December 15 2005 p 2httpwwwnaacpldforgcontentpdfalitoReport_on_the_Nomination_of_Judge_Samuel_A_Alito_Jr_to

_the_Supreme_Court_of_the_United_Statespdf

22 ldquoAlito Distancing Himself from Views on Abortion in 85 Letterrdquo Washington Post November 16 2005httpwwwmoveonorgrr=1307

23ldquoAlito to Feinstein It was different thenrdquoWashington Post November 15 2005

httpwwwmoveonorgrr=1308

24 ldquoPlaintiff alleges Alito Conflictrdquo Boston Globe November 3 2005 httpwwwmoveonorgrr=1309

25 ldquoDemocrats Query Nominee on Ethicsrdquo Washington Post November 10 2005httpwwwmoveonorgrr=1310

26 ldquoAlito lsquo72 joined conservative alumni grouprdquo Daily Princetonian November 18 2005httpwwwmoveonorgrr=1304 27

ldquoFrom Alitos Past a Window on Conservatives at Princetonrdquo The New York Times November 272005

httpwwwmoveonorgrr=1315 28

ldquoNo recollection of CAP Alito saysrdquo The Daily Princetonian December 1 2005httpwwwmoveonorgrr=1306 29 ldquoReview of cases shows Alito to be staunch conservativerdquo Knight Ridder Newspapers December 12005 httpwwwrealcitiescommldkrwashingtonnewsspecial_packagessupreme_court13305409htm

6

Page 2: 00076-fact

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 26

cases in which the government has argued in the Supreme Courthellipthat the Constitution does notprotect a right to an abortionrdquo4

In another Reagan era memo Alito sketched out his commitment to a long term strategy tooverturn Roe v Wade arguing that the government should approach pending cases by asking

What can be made of this opportunity to advance the goals of bringing about the eventualoverruling of Roe v Wade and in the meantime of mitigating its effects5

As a judge he continued this trend In Planned Parenthood v Casey Alitorsquos fellow judges on the3rd Circuit Court of Appeals struck down the most restrictive part of the lawmdashthe requirement forspousal notification in all casesmdashas unconstitutional under Roe v Wade Alito dissented arguingfor a standard that would have made it very hard to challenge any restrictions to abortion thusundermining the results of Roe v Wade Alitorsquos position was later rejected by the SupremeCourt

6 with Justice Sandra Day OrsquoConnor casting the decisive 5th vote to overturn this law

7

2) Public Health and Safety Workersrsquo Rights

Alito poses a grave threat to the rights of workers and communities to basic safety and fairtreatment

Workersrsquo Rights

In cases where Alito personally wrote an opinion or a dissent that affected workers rights hesided against workers 16 times and with them only 4

8

In another famous case (Chittister v Department of Community and Economic Development )Alito tried to undermine the Family and Medical Leave Act ruling that state employees could notsue to protect their right to care for a seriously ill family member This ruling was also based onAlitorsquos extremely limited view of Congressional authority to protect the public interest His rulingwas later overturned by the Supreme Court

9 Sandra Day OrsquoConnor was part of the majority in

the decision to overturn this ruling in the case of Nevada Deprsquot of Human Resources v Hibbs

10

In an effort to guarantee fair treatment for ordinary workers the state of Pennsylvania passed alaw that made corporate officers ultimately liable for unpaid wages and benefits their companyowed to rank and file workers In the case of Belcufine v Aloe Alito once again supported theinterests of the powerful over the rights of ordinary Americans by ruling that the CEOs couldabandon their debt to their workers once the corporation filed for bankruptcy

11

In RNS Health Services INC v Secretary of Labor a group of coal processing workers sued toaddress unsafe working conditions Alito agreed that the safety violations were taking place buttried to reject the workers claims by narrowing the authority of the federal agency charged withprotecting the safety of mine workersmdasha move that would have left many vulnerable workerswithout basic protections He was overruled by his fellow judges12

Public Health and Safety

In one of Alitorsquos most significant cases US v Rybar he tried to strike down a law that restrictedbuying and selling machine guns because he didnrsquot think the Constitution granted Congress theauthority to pass such a regulation Once again he was overruled by his fellow judges This caseis extremely important because the same arguments Alito used here (about limitingCongressional authority under the ldquocommerce clauserdquo of the Constitution) could also underminea wide range of basic worker protections environmental protections and civil rights laws

13

2

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 36

While working in the Reagan administration Alito once urged the president to veto legislation thatwould have protected consumers from crooked car dealers by making odometer fraud moredifficult His argument was that the federal government is not ldquocharged with protecting thehealth safety and welfare of their citizensrdquo President Reagan rejected this advice and signedthe legislation

14

As the AFL-CIO concluded

ldquoWe are compelled to oppose [Alitorsquos] nomination to be an Associate Justice on the United States Supreme Court hellipJudge Alitorsquos decisions and dissents show a disturbing tendency to take an extremely narrow and restrictive view of laws passed by Congress to protect workersrsquo rightsresulting in workers being deprived of wage and hour health and safety anti-discriminationpension and other important protectionsrdquo

15

3) Civil Rights for Minorities Women and the Disabled

Voting Rights

Alito has written that his motivation to become a lawyer was largely due to his strongdisagreement with the decisions made during the tenure of Chief Justice Earl Warren especiallythe cases involving ldquoreapportionmentrdquo These 1960rsquos cases most notably Baker v Carr arewidely regarded as among the most important achievements of the Civil Rights Movement

The cases Alito objects to established the principle of ldquoone man one voterdquo They abolished thepractice of drawing legislative districts and municipalities so some votes counted more thanothers or to purposely deny equal representation to minority populations16 Alito has not had theopportunity to make any significant voting rights rulings on the 3rd Circuit Court of Appeals buton the Supreme Court he undoubtedly would

Anti-Discrimination Protections

Alitorsquos nomination poses a grave threat to the rights of women minorities and the disabled to beprotected against housing and employment discrimination

In one notable case (Sheridan v EI DuPont de Nemours and Company ) a jury had alreadyagreed that Barbara Sheridan had been unfairly denied a promotion at a hotel based on genderthen forced from her job when she complained about the discrimination Alito argued that noreasonable jury would find the womanrsquos evidence convincing and argued to overturn the rulingHe was outvoted by his fellow judges 10 to 117

This compares to Justice Sandra Day OrsquoConnor who was the swing vote in the 2005 case ofJackson v Birmingham Bd of Educ OrsquoConnor wrote the opinion that ruled retaliation againstthose who complain about illegal sex discrimination was impermissible

18

Alito has shown a particular hostility to African American plaintiffs and in 15 years has almostalways sided against them in discrimination casesmdashoften trying to deny them the chance for a

jury to even hear the facts of their case For example in Bray v Marriot Hotels he tried to deny atrial to Beryl Bray a Marriott employee who was passed over for a promotion in favor of a whitecolleague despite her clear qualifications Alitorsquos argument would have set the bar so high toprove discrimination that it would have blocked most cases from even going to trial to determinethe facts He was once again outvoted by his colleagues19

3

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 46

Alito has also tried to make it far more difficult for the handicapped to obtain necessary workplaceaccommodations In Nathanson v Medical College of Pennsylvania Alito argued that JayneNathanson did not deserve a trial to hear her claim that her school was not accommodating herback injuries The majority criticized Judge Alitorsquos analysis and stated that ldquofew if anyRehabilitation Act cases would survive summary judgment if such an analysis were applied to

each handicapped individualrsquos request for accommodationsrdquo

20

As the NAACP concluded

The Legal Defense Fund has conducted a thorough review of Judge Alitorsquos legal and judicial record in a number of civil rights subject areas which are very important to us federalismaffirmative action employment discrimination voting rights criminal justice and other race discrimination cases The overwhelming majority of African-American litigants whose claims Judge Alito has adjudicated have lost his vote We can predict with substantial certainty that Judge Alito will very likely vote in a manner that given the current composition of the Court will cause a substantial shift in the Courtrsquos civil rights jurisprudence with devastating effects

21

Alito practices deception to hide his extreme views

Alito has repeatedly deceived Congress and the nation in an attempt to hide his extreme views andlapses in judicial ethics Americans must be able to trust the Justices of the Supreme Court to tell thetruth and to honor their ethical obligations

Here are some of Alitorsquos most worrisome deceptions

On constitutional beliefs about reproductive choice

In a 1985 job application to the Reagan administration Alito wrote of his ldquostrong personal beliefrdquothat the ldquoConstitution does not protect a right to an abortionrdquo22

Last month while talking to the pro-choice Senator Dianne Feinstein he claimed that he onlymade that statement because he was a ldquopartisan advocaterdquo ldquotrying to get a jobrdquo

23 If he would

deceive about a core constitutional question in order to obtain that job what would he say to getconfirmed to the Supreme Court

On judicial ethics

During the nomination process for his current post as a federal judge Alito promised the Senatein writing that he would not rule on cases involving corporations in which he had a personalfinancial stake He cited the Vanguard Corporation in which he had nearly $400000 invested24

But less than 5 years after winning confirmation with that promise he ruled in favor of theVanguard Corporation in a case that came before the 3rd Circuit To explain this lapse he has

offered several explanations that strain credulity including saying that he didnt recuse himselfbecause a computer failed to remind him of his promise

25

His personal views on diversity and civil rights

When applying for a top job in the Reagan administration Alito proudly touted his ldquoactivemembershiprdquo in the Concerned Alumni of Princeton or CAP a far right group that opposed theadmission of women and wanted to reduce the admission of minorities to the university

26 The

4

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 56

group was so extreme that even fellow alumnus Republican Senate Leader Bill Frist called theirviews distorted narrow and hostile27

Now Alito is publicly claiming that he ldquocannot recallrdquo ever being a member of CAP28

Sources

1 ldquoAlitos remark on strip search of girl 10 prompts questionsrdquo Boston Globe November 25 2005httpwwwbostoncomnewsnationwashingtonarticles20051125alitos_remark_on_strip_search_of_girl_10_prompts_questionspage=full

2ldquoShoot to Killrdquo Slate December 2 20005 httpwwwslatecomid2131373nav=tap3

3 ldquoAlito Urged Wiretap Immunityrdquo Washington Post December 24 2005httpwwwmoveonorgrr=1318

4

See the full text of Alitorsquos personal statement from his 1985 job application to the Department of Justicehere httpnewsfindlawcomnytimesdocsalito111585stmnt2html

5ldquoNew Alito Memorandum Reveals His Role at DOJ as Anti-Choice Legal Architectrdquo NARAL Pro-Choice

America press releasehttpwwwprochoiceamericaorgaboutnewsroompressreleasepr11302005_alitomemocfm

6 ldquoAbortion case will be key at Alito hearingrdquo Associated Press January 3 2006httpwwwbradentoncommldbradentonnewspolitics13537640htm

7 People for the American Way httpwwwpfaworgpfawgeneraldefaultaspxoid=19889 8 Review of Judge Samuel Alitos Record in Worker Rights Cases Prepared by the American Federation

of Labor and Congress of Industrial Organizations (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

9Review of Alitorsquos Record (AFL-CIO) December 14 2005

httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

10 People for the American Way httpwwwpfaworgpfawgeneraldefaultaspxoid=19889

11 ldquoRecord leaves no doubt hersquos conservativerdquo San Francisco Chronicle Tuesday November 1 2005httpwwwsfgatecomcgi-binarticlecgifile=chroniclearchive20051101MNGG3FH6UP1DTL 12

Review of Alitorsquos Record (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

13ldquoAlito Opinion in 1996 Gun Case Hints at views on Federalismrdquo Wall Street Journal November 4 2005

httponlinewsjcompublicarticleSB113106929672288087-aq4yUcaeYEDDM5Vq17_8BXHuvDg_20061104htmlmod=blogs

14ldquoNo Right to Abortion Alito Argued in 1985rdquo Washington Post November 15 2005

httpwwwwashingtonpostcomwp-dyncontentarticle20051114AR2005111400720_pfhtml

5

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 66

15 Review of Alitorsquos Record (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf 16 ldquoEditorial Observer Question for Judge Alito What about One Person One Voterdquo New York Times

January 3 2006 httpwwwnytimescom20060103opinion03tues3htmlhp

17ldquoThe Nomination of Samuel Alito A Watershed Moment for Womenrdquo National Womenrsquos Law Center

December 15 2005 p31httpwwwnwlcorgpdfNWLCAlitoReport12-15-05pdf

18 ldquo5 ndash 4 Decisions Show Whatrsquos at Stakerdquo Think Progress July 1 2005httpthinkprogressorg200507015-4-decisions-show-whats-at-stake

19ldquoThe Nomination of Judge Samuel A Alito Jr To the Supreme Court of the United Statesrdquo NAACP

Legal Defense And Educational Fund December 15 2005 p 29httpwwwnaacpldforgcontentpdfalitoReport_on_the_Nomination_of_Judge_Samuel_A_Alito_Jr_to

_the_Supreme_Court_of_the_United_Statespdf

20Action Alert from the Judge David L Bazelon Center for Mental Health Law

httpbazelonorgtakeactionalerts11-13-05-AlitoAlerthtm 21 ldquoThe Nomination of Judge Samuel A Alito Jr To the Supreme Court of the United Statesrdquo NAACP Legal Defense And Educational Fund December 15 2005 p 2httpwwwnaacpldforgcontentpdfalitoReport_on_the_Nomination_of_Judge_Samuel_A_Alito_Jr_to

_the_Supreme_Court_of_the_United_Statespdf

22 ldquoAlito Distancing Himself from Views on Abortion in 85 Letterrdquo Washington Post November 16 2005httpwwwmoveonorgrr=1307

23ldquoAlito to Feinstein It was different thenrdquoWashington Post November 15 2005

httpwwwmoveonorgrr=1308

24 ldquoPlaintiff alleges Alito Conflictrdquo Boston Globe November 3 2005 httpwwwmoveonorgrr=1309

25 ldquoDemocrats Query Nominee on Ethicsrdquo Washington Post November 10 2005httpwwwmoveonorgrr=1310

26 ldquoAlito lsquo72 joined conservative alumni grouprdquo Daily Princetonian November 18 2005httpwwwmoveonorgrr=1304 27

ldquoFrom Alitos Past a Window on Conservatives at Princetonrdquo The New York Times November 272005

httpwwwmoveonorgrr=1315 28

ldquoNo recollection of CAP Alito saysrdquo The Daily Princetonian December 1 2005httpwwwmoveonorgrr=1306 29 ldquoReview of cases shows Alito to be staunch conservativerdquo Knight Ridder Newspapers December 12005 httpwwwrealcitiescommldkrwashingtonnewsspecial_packagessupreme_court13305409htm

6

Page 3: 00076-fact

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 36

While working in the Reagan administration Alito once urged the president to veto legislation thatwould have protected consumers from crooked car dealers by making odometer fraud moredifficult His argument was that the federal government is not ldquocharged with protecting thehealth safety and welfare of their citizensrdquo President Reagan rejected this advice and signedthe legislation

14

As the AFL-CIO concluded

ldquoWe are compelled to oppose [Alitorsquos] nomination to be an Associate Justice on the United States Supreme Court hellipJudge Alitorsquos decisions and dissents show a disturbing tendency to take an extremely narrow and restrictive view of laws passed by Congress to protect workersrsquo rightsresulting in workers being deprived of wage and hour health and safety anti-discriminationpension and other important protectionsrdquo

15

3) Civil Rights for Minorities Women and the Disabled

Voting Rights

Alito has written that his motivation to become a lawyer was largely due to his strongdisagreement with the decisions made during the tenure of Chief Justice Earl Warren especiallythe cases involving ldquoreapportionmentrdquo These 1960rsquos cases most notably Baker v Carr arewidely regarded as among the most important achievements of the Civil Rights Movement

The cases Alito objects to established the principle of ldquoone man one voterdquo They abolished thepractice of drawing legislative districts and municipalities so some votes counted more thanothers or to purposely deny equal representation to minority populations16 Alito has not had theopportunity to make any significant voting rights rulings on the 3rd Circuit Court of Appeals buton the Supreme Court he undoubtedly would

Anti-Discrimination Protections

Alitorsquos nomination poses a grave threat to the rights of women minorities and the disabled to beprotected against housing and employment discrimination

In one notable case (Sheridan v EI DuPont de Nemours and Company ) a jury had alreadyagreed that Barbara Sheridan had been unfairly denied a promotion at a hotel based on genderthen forced from her job when she complained about the discrimination Alito argued that noreasonable jury would find the womanrsquos evidence convincing and argued to overturn the rulingHe was outvoted by his fellow judges 10 to 117

This compares to Justice Sandra Day OrsquoConnor who was the swing vote in the 2005 case ofJackson v Birmingham Bd of Educ OrsquoConnor wrote the opinion that ruled retaliation againstthose who complain about illegal sex discrimination was impermissible

18

Alito has shown a particular hostility to African American plaintiffs and in 15 years has almostalways sided against them in discrimination casesmdashoften trying to deny them the chance for a

jury to even hear the facts of their case For example in Bray v Marriot Hotels he tried to deny atrial to Beryl Bray a Marriott employee who was passed over for a promotion in favor of a whitecolleague despite her clear qualifications Alitorsquos argument would have set the bar so high toprove discrimination that it would have blocked most cases from even going to trial to determinethe facts He was once again outvoted by his colleagues19

3

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 46

Alito has also tried to make it far more difficult for the handicapped to obtain necessary workplaceaccommodations In Nathanson v Medical College of Pennsylvania Alito argued that JayneNathanson did not deserve a trial to hear her claim that her school was not accommodating herback injuries The majority criticized Judge Alitorsquos analysis and stated that ldquofew if anyRehabilitation Act cases would survive summary judgment if such an analysis were applied to

each handicapped individualrsquos request for accommodationsrdquo

20

As the NAACP concluded

The Legal Defense Fund has conducted a thorough review of Judge Alitorsquos legal and judicial record in a number of civil rights subject areas which are very important to us federalismaffirmative action employment discrimination voting rights criminal justice and other race discrimination cases The overwhelming majority of African-American litigants whose claims Judge Alito has adjudicated have lost his vote We can predict with substantial certainty that Judge Alito will very likely vote in a manner that given the current composition of the Court will cause a substantial shift in the Courtrsquos civil rights jurisprudence with devastating effects

21

Alito practices deception to hide his extreme views

Alito has repeatedly deceived Congress and the nation in an attempt to hide his extreme views andlapses in judicial ethics Americans must be able to trust the Justices of the Supreme Court to tell thetruth and to honor their ethical obligations

Here are some of Alitorsquos most worrisome deceptions

On constitutional beliefs about reproductive choice

In a 1985 job application to the Reagan administration Alito wrote of his ldquostrong personal beliefrdquothat the ldquoConstitution does not protect a right to an abortionrdquo22

Last month while talking to the pro-choice Senator Dianne Feinstein he claimed that he onlymade that statement because he was a ldquopartisan advocaterdquo ldquotrying to get a jobrdquo

23 If he would

deceive about a core constitutional question in order to obtain that job what would he say to getconfirmed to the Supreme Court

On judicial ethics

During the nomination process for his current post as a federal judge Alito promised the Senatein writing that he would not rule on cases involving corporations in which he had a personalfinancial stake He cited the Vanguard Corporation in which he had nearly $400000 invested24

But less than 5 years after winning confirmation with that promise he ruled in favor of theVanguard Corporation in a case that came before the 3rd Circuit To explain this lapse he has

offered several explanations that strain credulity including saying that he didnt recuse himselfbecause a computer failed to remind him of his promise

25

His personal views on diversity and civil rights

When applying for a top job in the Reagan administration Alito proudly touted his ldquoactivemembershiprdquo in the Concerned Alumni of Princeton or CAP a far right group that opposed theadmission of women and wanted to reduce the admission of minorities to the university

26 The

4

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 56

group was so extreme that even fellow alumnus Republican Senate Leader Bill Frist called theirviews distorted narrow and hostile27

Now Alito is publicly claiming that he ldquocannot recallrdquo ever being a member of CAP28

Sources

1 ldquoAlitos remark on strip search of girl 10 prompts questionsrdquo Boston Globe November 25 2005httpwwwbostoncomnewsnationwashingtonarticles20051125alitos_remark_on_strip_search_of_girl_10_prompts_questionspage=full

2ldquoShoot to Killrdquo Slate December 2 20005 httpwwwslatecomid2131373nav=tap3

3 ldquoAlito Urged Wiretap Immunityrdquo Washington Post December 24 2005httpwwwmoveonorgrr=1318

4

See the full text of Alitorsquos personal statement from his 1985 job application to the Department of Justicehere httpnewsfindlawcomnytimesdocsalito111585stmnt2html

5ldquoNew Alito Memorandum Reveals His Role at DOJ as Anti-Choice Legal Architectrdquo NARAL Pro-Choice

America press releasehttpwwwprochoiceamericaorgaboutnewsroompressreleasepr11302005_alitomemocfm

6 ldquoAbortion case will be key at Alito hearingrdquo Associated Press January 3 2006httpwwwbradentoncommldbradentonnewspolitics13537640htm

7 People for the American Way httpwwwpfaworgpfawgeneraldefaultaspxoid=19889 8 Review of Judge Samuel Alitos Record in Worker Rights Cases Prepared by the American Federation

of Labor and Congress of Industrial Organizations (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

9Review of Alitorsquos Record (AFL-CIO) December 14 2005

httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

10 People for the American Way httpwwwpfaworgpfawgeneraldefaultaspxoid=19889

11 ldquoRecord leaves no doubt hersquos conservativerdquo San Francisco Chronicle Tuesday November 1 2005httpwwwsfgatecomcgi-binarticlecgifile=chroniclearchive20051101MNGG3FH6UP1DTL 12

Review of Alitorsquos Record (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

13ldquoAlito Opinion in 1996 Gun Case Hints at views on Federalismrdquo Wall Street Journal November 4 2005

httponlinewsjcompublicarticleSB113106929672288087-aq4yUcaeYEDDM5Vq17_8BXHuvDg_20061104htmlmod=blogs

14ldquoNo Right to Abortion Alito Argued in 1985rdquo Washington Post November 15 2005

httpwwwwashingtonpostcomwp-dyncontentarticle20051114AR2005111400720_pfhtml

5

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 66

15 Review of Alitorsquos Record (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf 16 ldquoEditorial Observer Question for Judge Alito What about One Person One Voterdquo New York Times

January 3 2006 httpwwwnytimescom20060103opinion03tues3htmlhp

17ldquoThe Nomination of Samuel Alito A Watershed Moment for Womenrdquo National Womenrsquos Law Center

December 15 2005 p31httpwwwnwlcorgpdfNWLCAlitoReport12-15-05pdf

18 ldquo5 ndash 4 Decisions Show Whatrsquos at Stakerdquo Think Progress July 1 2005httpthinkprogressorg200507015-4-decisions-show-whats-at-stake

19ldquoThe Nomination of Judge Samuel A Alito Jr To the Supreme Court of the United Statesrdquo NAACP

Legal Defense And Educational Fund December 15 2005 p 29httpwwwnaacpldforgcontentpdfalitoReport_on_the_Nomination_of_Judge_Samuel_A_Alito_Jr_to

_the_Supreme_Court_of_the_United_Statespdf

20Action Alert from the Judge David L Bazelon Center for Mental Health Law

httpbazelonorgtakeactionalerts11-13-05-AlitoAlerthtm 21 ldquoThe Nomination of Judge Samuel A Alito Jr To the Supreme Court of the United Statesrdquo NAACP Legal Defense And Educational Fund December 15 2005 p 2httpwwwnaacpldforgcontentpdfalitoReport_on_the_Nomination_of_Judge_Samuel_A_Alito_Jr_to

_the_Supreme_Court_of_the_United_Statespdf

22 ldquoAlito Distancing Himself from Views on Abortion in 85 Letterrdquo Washington Post November 16 2005httpwwwmoveonorgrr=1307

23ldquoAlito to Feinstein It was different thenrdquoWashington Post November 15 2005

httpwwwmoveonorgrr=1308

24 ldquoPlaintiff alleges Alito Conflictrdquo Boston Globe November 3 2005 httpwwwmoveonorgrr=1309

25 ldquoDemocrats Query Nominee on Ethicsrdquo Washington Post November 10 2005httpwwwmoveonorgrr=1310

26 ldquoAlito lsquo72 joined conservative alumni grouprdquo Daily Princetonian November 18 2005httpwwwmoveonorgrr=1304 27

ldquoFrom Alitos Past a Window on Conservatives at Princetonrdquo The New York Times November 272005

httpwwwmoveonorgrr=1315 28

ldquoNo recollection of CAP Alito saysrdquo The Daily Princetonian December 1 2005httpwwwmoveonorgrr=1306 29 ldquoReview of cases shows Alito to be staunch conservativerdquo Knight Ridder Newspapers December 12005 httpwwwrealcitiescommldkrwashingtonnewsspecial_packagessupreme_court13305409htm

6

Page 4: 00076-fact

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 46

Alito has also tried to make it far more difficult for the handicapped to obtain necessary workplaceaccommodations In Nathanson v Medical College of Pennsylvania Alito argued that JayneNathanson did not deserve a trial to hear her claim that her school was not accommodating herback injuries The majority criticized Judge Alitorsquos analysis and stated that ldquofew if anyRehabilitation Act cases would survive summary judgment if such an analysis were applied to

each handicapped individualrsquos request for accommodationsrdquo

20

As the NAACP concluded

The Legal Defense Fund has conducted a thorough review of Judge Alitorsquos legal and judicial record in a number of civil rights subject areas which are very important to us federalismaffirmative action employment discrimination voting rights criminal justice and other race discrimination cases The overwhelming majority of African-American litigants whose claims Judge Alito has adjudicated have lost his vote We can predict with substantial certainty that Judge Alito will very likely vote in a manner that given the current composition of the Court will cause a substantial shift in the Courtrsquos civil rights jurisprudence with devastating effects

21

Alito practices deception to hide his extreme views

Alito has repeatedly deceived Congress and the nation in an attempt to hide his extreme views andlapses in judicial ethics Americans must be able to trust the Justices of the Supreme Court to tell thetruth and to honor their ethical obligations

Here are some of Alitorsquos most worrisome deceptions

On constitutional beliefs about reproductive choice

In a 1985 job application to the Reagan administration Alito wrote of his ldquostrong personal beliefrdquothat the ldquoConstitution does not protect a right to an abortionrdquo22

Last month while talking to the pro-choice Senator Dianne Feinstein he claimed that he onlymade that statement because he was a ldquopartisan advocaterdquo ldquotrying to get a jobrdquo

23 If he would

deceive about a core constitutional question in order to obtain that job what would he say to getconfirmed to the Supreme Court

On judicial ethics

During the nomination process for his current post as a federal judge Alito promised the Senatein writing that he would not rule on cases involving corporations in which he had a personalfinancial stake He cited the Vanguard Corporation in which he had nearly $400000 invested24

But less than 5 years after winning confirmation with that promise he ruled in favor of theVanguard Corporation in a case that came before the 3rd Circuit To explain this lapse he has

offered several explanations that strain credulity including saying that he didnt recuse himselfbecause a computer failed to remind him of his promise

25

His personal views on diversity and civil rights

When applying for a top job in the Reagan administration Alito proudly touted his ldquoactivemembershiprdquo in the Concerned Alumni of Princeton or CAP a far right group that opposed theadmission of women and wanted to reduce the admission of minorities to the university

26 The

4

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 56

group was so extreme that even fellow alumnus Republican Senate Leader Bill Frist called theirviews distorted narrow and hostile27

Now Alito is publicly claiming that he ldquocannot recallrdquo ever being a member of CAP28

Sources

1 ldquoAlitos remark on strip search of girl 10 prompts questionsrdquo Boston Globe November 25 2005httpwwwbostoncomnewsnationwashingtonarticles20051125alitos_remark_on_strip_search_of_girl_10_prompts_questionspage=full

2ldquoShoot to Killrdquo Slate December 2 20005 httpwwwslatecomid2131373nav=tap3

3 ldquoAlito Urged Wiretap Immunityrdquo Washington Post December 24 2005httpwwwmoveonorgrr=1318

4

See the full text of Alitorsquos personal statement from his 1985 job application to the Department of Justicehere httpnewsfindlawcomnytimesdocsalito111585stmnt2html

5ldquoNew Alito Memorandum Reveals His Role at DOJ as Anti-Choice Legal Architectrdquo NARAL Pro-Choice

America press releasehttpwwwprochoiceamericaorgaboutnewsroompressreleasepr11302005_alitomemocfm

6 ldquoAbortion case will be key at Alito hearingrdquo Associated Press January 3 2006httpwwwbradentoncommldbradentonnewspolitics13537640htm

7 People for the American Way httpwwwpfaworgpfawgeneraldefaultaspxoid=19889 8 Review of Judge Samuel Alitos Record in Worker Rights Cases Prepared by the American Federation

of Labor and Congress of Industrial Organizations (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

9Review of Alitorsquos Record (AFL-CIO) December 14 2005

httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

10 People for the American Way httpwwwpfaworgpfawgeneraldefaultaspxoid=19889

11 ldquoRecord leaves no doubt hersquos conservativerdquo San Francisco Chronicle Tuesday November 1 2005httpwwwsfgatecomcgi-binarticlecgifile=chroniclearchive20051101MNGG3FH6UP1DTL 12

Review of Alitorsquos Record (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

13ldquoAlito Opinion in 1996 Gun Case Hints at views on Federalismrdquo Wall Street Journal November 4 2005

httponlinewsjcompublicarticleSB113106929672288087-aq4yUcaeYEDDM5Vq17_8BXHuvDg_20061104htmlmod=blogs

14ldquoNo Right to Abortion Alito Argued in 1985rdquo Washington Post November 15 2005

httpwwwwashingtonpostcomwp-dyncontentarticle20051114AR2005111400720_pfhtml

5

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 66

15 Review of Alitorsquos Record (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf 16 ldquoEditorial Observer Question for Judge Alito What about One Person One Voterdquo New York Times

January 3 2006 httpwwwnytimescom20060103opinion03tues3htmlhp

17ldquoThe Nomination of Samuel Alito A Watershed Moment for Womenrdquo National Womenrsquos Law Center

December 15 2005 p31httpwwwnwlcorgpdfNWLCAlitoReport12-15-05pdf

18 ldquo5 ndash 4 Decisions Show Whatrsquos at Stakerdquo Think Progress July 1 2005httpthinkprogressorg200507015-4-decisions-show-whats-at-stake

19ldquoThe Nomination of Judge Samuel A Alito Jr To the Supreme Court of the United Statesrdquo NAACP

Legal Defense And Educational Fund December 15 2005 p 29httpwwwnaacpldforgcontentpdfalitoReport_on_the_Nomination_of_Judge_Samuel_A_Alito_Jr_to

_the_Supreme_Court_of_the_United_Statespdf

20Action Alert from the Judge David L Bazelon Center for Mental Health Law

httpbazelonorgtakeactionalerts11-13-05-AlitoAlerthtm 21 ldquoThe Nomination of Judge Samuel A Alito Jr To the Supreme Court of the United Statesrdquo NAACP Legal Defense And Educational Fund December 15 2005 p 2httpwwwnaacpldforgcontentpdfalitoReport_on_the_Nomination_of_Judge_Samuel_A_Alito_Jr_to

_the_Supreme_Court_of_the_United_Statespdf

22 ldquoAlito Distancing Himself from Views on Abortion in 85 Letterrdquo Washington Post November 16 2005httpwwwmoveonorgrr=1307

23ldquoAlito to Feinstein It was different thenrdquoWashington Post November 15 2005

httpwwwmoveonorgrr=1308

24 ldquoPlaintiff alleges Alito Conflictrdquo Boston Globe November 3 2005 httpwwwmoveonorgrr=1309

25 ldquoDemocrats Query Nominee on Ethicsrdquo Washington Post November 10 2005httpwwwmoveonorgrr=1310

26 ldquoAlito lsquo72 joined conservative alumni grouprdquo Daily Princetonian November 18 2005httpwwwmoveonorgrr=1304 27

ldquoFrom Alitos Past a Window on Conservatives at Princetonrdquo The New York Times November 272005

httpwwwmoveonorgrr=1315 28

ldquoNo recollection of CAP Alito saysrdquo The Daily Princetonian December 1 2005httpwwwmoveonorgrr=1306 29 ldquoReview of cases shows Alito to be staunch conservativerdquo Knight Ridder Newspapers December 12005 httpwwwrealcitiescommldkrwashingtonnewsspecial_packagessupreme_court13305409htm

6

Page 5: 00076-fact

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 56

group was so extreme that even fellow alumnus Republican Senate Leader Bill Frist called theirviews distorted narrow and hostile27

Now Alito is publicly claiming that he ldquocannot recallrdquo ever being a member of CAP28

Sources

1 ldquoAlitos remark on strip search of girl 10 prompts questionsrdquo Boston Globe November 25 2005httpwwwbostoncomnewsnationwashingtonarticles20051125alitos_remark_on_strip_search_of_girl_10_prompts_questionspage=full

2ldquoShoot to Killrdquo Slate December 2 20005 httpwwwslatecomid2131373nav=tap3

3 ldquoAlito Urged Wiretap Immunityrdquo Washington Post December 24 2005httpwwwmoveonorgrr=1318

4

See the full text of Alitorsquos personal statement from his 1985 job application to the Department of Justicehere httpnewsfindlawcomnytimesdocsalito111585stmnt2html

5ldquoNew Alito Memorandum Reveals His Role at DOJ as Anti-Choice Legal Architectrdquo NARAL Pro-Choice

America press releasehttpwwwprochoiceamericaorgaboutnewsroompressreleasepr11302005_alitomemocfm

6 ldquoAbortion case will be key at Alito hearingrdquo Associated Press January 3 2006httpwwwbradentoncommldbradentonnewspolitics13537640htm

7 People for the American Way httpwwwpfaworgpfawgeneraldefaultaspxoid=19889 8 Review of Judge Samuel Alitos Record in Worker Rights Cases Prepared by the American Federation

of Labor and Congress of Industrial Organizations (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

9Review of Alitorsquos Record (AFL-CIO) December 14 2005

httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

10 People for the American Way httpwwwpfaworgpfawgeneraldefaultaspxoid=19889

11 ldquoRecord leaves no doubt hersquos conservativerdquo San Francisco Chronicle Tuesday November 1 2005httpwwwsfgatecomcgi-binarticlecgifile=chroniclearchive20051101MNGG3FH6UP1DTL 12

Review of Alitorsquos Record (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf

13ldquoAlito Opinion in 1996 Gun Case Hints at views on Federalismrdquo Wall Street Journal November 4 2005

httponlinewsjcompublicarticleSB113106929672288087-aq4yUcaeYEDDM5Vq17_8BXHuvDg_20061104htmlmod=blogs

14ldquoNo Right to Abortion Alito Argued in 1985rdquo Washington Post November 15 2005

httpwwwwashingtonpostcomwp-dyncontentarticle20051114AR2005111400720_pfhtml

5

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 66

15 Review of Alitorsquos Record (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf 16 ldquoEditorial Observer Question for Judge Alito What about One Person One Voterdquo New York Times

January 3 2006 httpwwwnytimescom20060103opinion03tues3htmlhp

17ldquoThe Nomination of Samuel Alito A Watershed Moment for Womenrdquo National Womenrsquos Law Center

December 15 2005 p31httpwwwnwlcorgpdfNWLCAlitoReport12-15-05pdf

18 ldquo5 ndash 4 Decisions Show Whatrsquos at Stakerdquo Think Progress July 1 2005httpthinkprogressorg200507015-4-decisions-show-whats-at-stake

19ldquoThe Nomination of Judge Samuel A Alito Jr To the Supreme Court of the United Statesrdquo NAACP

Legal Defense And Educational Fund December 15 2005 p 29httpwwwnaacpldforgcontentpdfalitoReport_on_the_Nomination_of_Judge_Samuel_A_Alito_Jr_to

_the_Supreme_Court_of_the_United_Statespdf

20Action Alert from the Judge David L Bazelon Center for Mental Health Law

httpbazelonorgtakeactionalerts11-13-05-AlitoAlerthtm 21 ldquoThe Nomination of Judge Samuel A Alito Jr To the Supreme Court of the United Statesrdquo NAACP Legal Defense And Educational Fund December 15 2005 p 2httpwwwnaacpldforgcontentpdfalitoReport_on_the_Nomination_of_Judge_Samuel_A_Alito_Jr_to

_the_Supreme_Court_of_the_United_Statespdf

22 ldquoAlito Distancing Himself from Views on Abortion in 85 Letterrdquo Washington Post November 16 2005httpwwwmoveonorgrr=1307

23ldquoAlito to Feinstein It was different thenrdquoWashington Post November 15 2005

httpwwwmoveonorgrr=1308

24 ldquoPlaintiff alleges Alito Conflictrdquo Boston Globe November 3 2005 httpwwwmoveonorgrr=1309

25 ldquoDemocrats Query Nominee on Ethicsrdquo Washington Post November 10 2005httpwwwmoveonorgrr=1310

26 ldquoAlito lsquo72 joined conservative alumni grouprdquo Daily Princetonian November 18 2005httpwwwmoveonorgrr=1304 27

ldquoFrom Alitos Past a Window on Conservatives at Princetonrdquo The New York Times November 272005

httpwwwmoveonorgrr=1315 28

ldquoNo recollection of CAP Alito saysrdquo The Daily Princetonian December 1 2005httpwwwmoveonorgrr=1306 29 ldquoReview of cases shows Alito to be staunch conservativerdquo Knight Ridder Newspapers December 12005 httpwwwrealcitiescommldkrwashingtonnewsspecial_packagessupreme_court13305409htm

6

Page 6: 00076-fact

8142019 00076-fact

httpslidepdfcomreaderfull00076-fact 66

15 Review of Alitorsquos Record (AFL-CIO) December 14 2005httpaflcioorgmediacenterprsptmuploadalito_reviewpdf 16 ldquoEditorial Observer Question for Judge Alito What about One Person One Voterdquo New York Times

January 3 2006 httpwwwnytimescom20060103opinion03tues3htmlhp

17ldquoThe Nomination of Samuel Alito A Watershed Moment for Womenrdquo National Womenrsquos Law Center

December 15 2005 p31httpwwwnwlcorgpdfNWLCAlitoReport12-15-05pdf

18 ldquo5 ndash 4 Decisions Show Whatrsquos at Stakerdquo Think Progress July 1 2005httpthinkprogressorg200507015-4-decisions-show-whats-at-stake

19ldquoThe Nomination of Judge Samuel A Alito Jr To the Supreme Court of the United Statesrdquo NAACP

Legal Defense And Educational Fund December 15 2005 p 29httpwwwnaacpldforgcontentpdfalitoReport_on_the_Nomination_of_Judge_Samuel_A_Alito_Jr_to

_the_Supreme_Court_of_the_United_Statespdf

20Action Alert from the Judge David L Bazelon Center for Mental Health Law

httpbazelonorgtakeactionalerts11-13-05-AlitoAlerthtm 21 ldquoThe Nomination of Judge Samuel A Alito Jr To the Supreme Court of the United Statesrdquo NAACP Legal Defense And Educational Fund December 15 2005 p 2httpwwwnaacpldforgcontentpdfalitoReport_on_the_Nomination_of_Judge_Samuel_A_Alito_Jr_to

_the_Supreme_Court_of_the_United_Statespdf

22 ldquoAlito Distancing Himself from Views on Abortion in 85 Letterrdquo Washington Post November 16 2005httpwwwmoveonorgrr=1307

23ldquoAlito to Feinstein It was different thenrdquoWashington Post November 15 2005

httpwwwmoveonorgrr=1308

24 ldquoPlaintiff alleges Alito Conflictrdquo Boston Globe November 3 2005 httpwwwmoveonorgrr=1309

25 ldquoDemocrats Query Nominee on Ethicsrdquo Washington Post November 10 2005httpwwwmoveonorgrr=1310

26 ldquoAlito lsquo72 joined conservative alumni grouprdquo Daily Princetonian November 18 2005httpwwwmoveonorgrr=1304 27

ldquoFrom Alitos Past a Window on Conservatives at Princetonrdquo The New York Times November 272005

httpwwwmoveonorgrr=1315 28

ldquoNo recollection of CAP Alito saysrdquo The Daily Princetonian December 1 2005httpwwwmoveonorgrr=1306 29 ldquoReview of cases shows Alito to be staunch conservativerdquo Knight Ridder Newspapers December 12005 httpwwwrealcitiescommldkrwashingtonnewsspecial_packagessupreme_court13305409htm

6