Moveon Action Alert

Alito's Senate hearings are now over, and as the New York Times put it, Alito "left a disturbing impression that as a justice, he would undermine the Supreme Court's critical role in putting a check on presidential excesses". They summarized, "In three days of testimony, he has given the American people reasons to be worried—and senators reasons to oppose his nomination."¹

Opposition from Democrats and some moderate Republicans seems certain, and they are deciding this week if they will lead a filibuster. However, the media is already circulating the Republican talking point that Alito is unstoppable. If that's the only message our senators hear, the right-wing spin could become a self-fulfilling prophecy.

That's why this week we're aiming to send in thousands of letters to the editor, telling the media and our senators that we oppose Alito and we're counting on our leaders to keep him off the court.

You can write and submit your letter online in just a few minutes, by going here:

http://www.moveon.org/r?r=1369&id=6656-3396758-lXaOww0DZAt7OipfoZ0J8Q&t=2

Letters to the editor are one of the most powerful ways for ordinary citizens to show Congress that their constituents are passionate about a specific issue. Remember, a good letter to the editor is short, just a paragraph or two. And you don't have to be an expert—just a concerned citizen who wants to speak your mind.

To help you write your letter, we've included more information below:

As the Baltimore Sun put it, Alito's performance in the hearings created only "a troubling erosion of confidence and comfort in his responses that warrant a rejection of his nomination."²

Here are some areas of major concern that emerged from the hearings:

Eliminating checks on presidential power
In recent months, President Bush has argued that he can torture at will and illegally spy on American citizens regardless of the laws passed by Congress. Alito has long championed this dangerous interpretation of presidential power, and last week it was clear he still does. Here's how the Sacramento Bee put it:

Bush's [approach] has been to sign laws... and then to claim an exclusive power to interpret the Constitution as he sees fit, ignoring Congress and the courts. Alito's artful response would seem to support that and is hardly reassuring.

Are members of Congress of both parties going to stand up against this corrosive agenda? If not now, when?³

Ending reproductive choice
In 1985 Alito wrote that he personally believed "very strongly" that "the Constitution does not protect a right to an abortion." Last week, he refused to distance himself from that statement, and refused to even join John Roberts in saying that say that Roe v. Wade was "settled law".⁴

One of the witnesses last week was Laurence Tribe of Harvard University, one of the most respected constitutional scholars in the county. Here's how he put it in his testimony to the Senate: Alito's answers closely mirrored Clarence Thomas's, who has since declared that he is eager to overturn Roe v. Wade at the first opportunity.

With the vote of Judge Alito as Justice Alito, the court will cut back on Roe v. Wade, step by step, not just to the point where, as the moderate American center has it, abortion is cautiously restricted, but to the point where the fundamental underlying right to liberty becomes a hollow shell.[5]

Hiding his extreme views
Alito and his handlers in the Bush administration have been intentionally deceptive with the Congress and the people to hide his extreme views and past actions. This strategy continued into the hearings. Here's how the New York Times summarized it:

Judge Alito's explanation of his involvement with Concerned Alumni of Princeton is hard to believe. In a 1985 job application, he proudly pointed to his membership in the organization. Now he says he remembers nothing of it—except why he joined, which he insists had nothing to do with the group's core concerns.

His explanation for why he broke his promise to Congress to recuse himself in any case involving Vanguard companies is also unpersuasive.

As for his repeated claims that his past statements on subjects like abortion and Judge Bork never represented his personal views or were intended to impress prospective employers—all that did was make us wonder why we should give any credence to what he says now.[6]

Why were Republican senators so lenient with Alito about his implausible memory lapses? Senator Lindsey Graham, provided an interesting explanation when he told Alito:

I hope you'll understand if any of us come before a court and we can't remember Abramoff, you'll tend to believe us.⁷

With the media spin skewing hard to the right, it will take courage for our senators to defy Bush and defend our rights. To find that courage they need to know that their constituents are closely watching—and counting on them to lead.

Please take a minute today to write a short letter to the editor of a paper near you.

http://www.moveon.org/r?r=1369&id=6656-3396758-lXaOww0DZAt7OipfoZ0J8Q&t=3

Thanks for all that you do,

–Ben, Joan, Justin, Carrie and the MoveOn.org Political Action Team
Monday, January 16, 2006

Sources:

1. "Judge Alito in his Own Words" New York Times, January 12, 2006
http://www.nytimes.com/2006/01/12/opinion/12thur1.html

2. "Not Good Enough" Baltimore Sun, January 16, 2006
http://www.baltimoresun.com/news/opinion/

3. "Constitutional Powers hanging in the balance," Sacramento Bee, January 15th, 2006
http://www.moveon.org/r?r=1367

4. "Pro-Choice Senators and Judge Alito," New York Times, January 13, 2006
http://www.nytimes.com/2006/01/13/opinion/13fri2.html

5. "Senate Confirmation Hearings: Day 5," New York Times, January 12, 2006
http://www.moveon.org/r?r=1368

6. "Judge Alito in his Own Words" New York Times, January 12, 2006
http://www.nytimes.com/2006/01/12/opinion/12thur1.html

7. "The President's Man," Alternet, January 12, 1006
http://www.alternet.org/rights/30744/

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