Progressive Talking Points 1/10/06

True Identity – The Alito Edition

An interesting game known as the Samuel Alito confirmation hearings began in Washington this week. The game will provide the American public with enough misleading quotes by conservative senators to fill up Scott McClellan’s press room. In yesterday's kickoff, we heard from various conservatives who spun myths about the type of nominee they would like to have and would like the American public to think they have. It may be true that Alito maintains the credibility that nominee Meirs lacked, but he is a conservative – one who could prove to be more conservative than Justice Scalia and one with the ability to do serious damage to Roe v. Wade. So don’t let your local senators fool you – Mr. Alito is no moderate.

• Despite conservative senators’ claims, Alito has a history of legislating from the bench. Senators Mike DeWine (R-OH) and Charles Grassley (R-IA) both praised Alito for showing judicial restraint throughout his career, but his record proves otherwise. While on the bench, Alito has stepped over judicial boundaries and overturned existing laws. He has been described as "an activist conservative judge" and even Sen. Tom Coburn (R-OK) admitted that Alito "was legislating" in the case of U.S. v. Rybar.
  
  
• Despite conservative senators’ claims, Alito has allowed his personal views to influence his work. Senator Jon Kyl (R-AZ) claimed Alito never allowed his work to “influence political ends.” In reality, since Alito belonged to the right-wing Concerned Alumni of Princeton group, his politics have influenced his work. While applying for a job in the Reagan administration, Alito said that "the Constitution does not protect a right to an abortion" and while in the Solicitor General's office, he was able to "help advance legal positions in which [he] personally believe[s] very strongly." These were his personal views and not those of his employer.
  
  
• Despite Alito’s own claim, his decisions have all followed a conservative bent. Alito said yesterday that he was taught to decide every case on an individual basis. However, a review of all the cases Alito has heard shows that Alito's 41 dissents as an appeals court judge "are almost uniformly conservative.” In addition, in a majority of cases, Alito urged a more conservative position than his colleagues. Throughout his tenure on the 3rd Circuit, Alito has seldom sided against conservative interests.