For Justice - Day 5 Roe v Wade

So far in the 12 Days of Justice daily series you have learned that:

• Judge Samuel Alito does not respect the primary role of the Legislative branch of our government.
  By Tampopo



• Judge Alito will threaten the fundamental rights and basic legal protections for working Americans of all ages.
  By AP



• Judge Alito has violated the laws and ethical codes that govern the conduct of federal judges and was a member of the radical and discriminatory group CAP.
  By Steven D



• Judge Alito's view of discrimination against persons with disability is so restrictive that "few if any...cases would survive summary judgment."
  By susanhu

Todays diary for Day 5 will be a short and to the point explanation of Judge Alito's views concerning women and abortion rights. It will deal with his radical and demeaning views from the perspective of his positions revealed in certain abortion cases, memos, applications, and discussions of Roe v Wade.

[Updated]: to reflect many edits! Please check the bottom to cross-post easily.

Join me in the back alley to get a clear view of Alito.

In 1985 Alito made crystal clear his position concerning Roe v Wade.

Alito's name does not appear on any briefs the Reagan Solicitor General's office filed in abortion-related cases. However, just a few months before Alito wrote his DOJ application letter touting his contribution to cases in which the government argued that "the Constitution does not protect a right to an abortion," the Solicitor General's office had filed a brief in Thornburgh v. American College of Obstetricians and Gynecologists on that very subject. The brief urged that "this Court should overrule" Roe v. Wade. The Court rejected the Solicitor General's arguments, with only two justices agreeing that Roe should be overturned.

T. R. Goldman at law.com Offers this opinion of the upcoming battle:

If Alito's jurisprudential views match those on the Thornburgh brief -- and at least in 1985, Alito indicated that they do -- then the job application provides the Judiciary Committee with the type of window into a future justice's thinking that, since the failed nomination of Robert Bork, has become almost nonexistent.

This is a nomination demanding to be "Borked" into nonexistence. But this still does not give a clear picture of his views on women's rights. Please consider taking and using any or all parts of the following letter and using it to contact your Senators concerning this nomination. Feel free to adapt and edit this letter, or you can just say how you feel about this in your own words. All we ask is that you take action before it is too late.

What does Samuel Alito think about women and abortion rights?

In Judge Alito's 1992 dissent in Planned Parenthood of Southeastern Pennsylvania v. Casey, Alito argued that a law requiring a woman in certain circumstances to notify her spouse before seeking an abortion did not pose an undue burden on a woman's right to choose. Alito asserted that if parental notification requirements were constitutional, as the Supreme Court had previously held, then spousal notification requirements must be permissible as well. (Planned Parenthood of Southeastern Pennsylvania v. Casey, 947 F.2d 682 (3d Cir. 1991), aff'd in part, rev'd in part, 505 U.S. 833 (1992).)

Alito's colleagues on the Third Circuit and a 5-4 Supreme Court majority disagreed. Writing for that Supreme Court majority, Sandra Day O'Connor firmly rejected Alito's troubling logic:

"A State may not give to a man the kind of dominion over his wife that parents exercise over their children."

(Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992) at 898.)

Sandra Day O'Connor was correct in rejecting Alito's view of women as subservient to men and less than equal in the eyes of the law.

In a 1985 memo Alito had advised the Reagan Administration that it should attempt to undermine Roe v. Wade. Alito urged the administration to file a friend-of-the-court brief in Thornburgh v. American College of Obstetricians and Gynecologists, and argued that this brief could promote "the goals of bringing about the eventual overturning of Roe v. Wade, and in the meantime, of mitigating its effects."

Alito wanted the administration to "make clear" that it "disagree[d] with Roe v. Wade," but argued that the most effective long-term strategy of persuading the Supreme Court to overturn this groundbreaking precedent was to chip away at it slowly through extremely restrictive state laws. Overturning Roe v Wade would most certainly result in a return to the days of dangerous "illegal" abortions.

Is this the kind of nomination that sounds like a moderate? This candidate is not representative of my views, nor of mainstream America.

Alito clearly has no problem with forcing his radical ideals on women.

I strongly urge you to vote against this horrible nomination because no woman should be forced by anyone to have to resort to using a coat hanger to perform a back alley abortion. When you consider that Alito's warped views would be replacing the moderate voice of Sandra Day O'Connor there should be no doubt that Alito's nomination must be stopped.

Signed,

Some suggested contacts and petitions:

Your senators

The Judiciary Committee

Your representatives

Congress.org

Campus Progress "Stop Alito's America"

PFAW "Save the Court"

Planned Parenthood Anti-Alito Petition

Naral Anti-Alito Petition

Rolling Justice

Plan B Petition

Sending a FAX via the Web (For those of us that don't have a fax machine at home.)

Again, feel free to copy and paste any and all of the information or images you will see put up over the next couple of weeks by the Anti-Alito Brigade into Blogs and letters as we hold Alito's feet to the fire. Even if you only participate on a few of the days it can help make a difference. There are so many issues where Samuel Alito's views and allegiances are just flat out wrong for a SCOTUS nomination.

Note: Tommorrow's actions and reason's are still being worked on today. Feel free to check it out at Booman Tribune  (Just look for the "Justice" diaries) and any help or participation of any kind you can provide will be greatly appreciated. This is another action brought to you by the group that brought you "Operation Yellow Feather" which was a very successful cross blog protest. These actions are designed to help bring the "Left Blogosphere Think Tank" together on our many shared issues.

Watch for Alice's diaries on the "separation of church and state/religious freedom" for days 6 and 7... On two different days because we want to keep them twice as separated!

Actions for: Day 1 Day 2 Day 3 Day 4

HTML code to cross post this in a txt file
Click to open, copy and paste vigorously all over the net! Please!

12 Days of Justice - Day 2

There are many reasons to be wary of the nomination of Samuel Alito to the Supreme Court.

12 Days of Justice - Day 2

Regarding Alito's positions on age discrimination & FMLA.

by AP

My own "copper coinage" (I have someone to thank for that phrase): States have rights; people don't. This warped concept is as antebellum as it is evil. Don't be fooled because Alito's bright enough not to snarl; he's as wingnut as they come ... only quieter.

Anyway, please take this letter and adapt as you will. Feel free to use all or in part.

We want to you to become active in this... So don't be shy to use your cut and past skills on this. Call your senators. Call the Judiciary Committee. Email, write letters, and tell your friends. Alito must not be approved to take a seat on the Supreme Court.

Over the next 12 days the Anti-Alito Brigade will be bringing you many of those reasons, and also some actions that you might consider to help stop this horrible nomination. The main intention of this nomination is to try and tip the balance of power away from the legislative branch and towards the President.

More importantly, Alito is an activist judge that will legislate from the bench on many of the issues that all progressives hold dear to their heart.

X-Posted at: Booman Tribune, My Left Wing, My Left Nutmeg, Political Cortex

Front Paged at: Dembloggers, ePluribus Media

Dear Senator,

I strongly urge you to vote against the nomination of Judge Samuel Alito for the Supreme Court. Appointing Judge Alito will threaten the fundamental rights and basic legal protections for working Americans of all ages. Two areas of particular concern include the rights found under the Family and Medical Leave Act (FMLA) and Age Discrimination in Employment Act (ADEA)--rights that Judge Alito apparently does not believe are granted to Americans or should be exercised by Americans.

FMLA helps millions of adults balance workplace and family responsibilities by giving eligible workers up to 12 weeks of unpaid leave for life events such as the birth of a child or to care for a parent, child or spouse with a serious illness. The ADEA protects employees and job applicants 40 years of age and older from discrimination based on age. These laws are essential in an age of heightened rhetoric regarding "family values" that are ostensibly held so dear by social conservatives In an age of pension instability and decline of retiree health benefits for older workers, such protections are imperative.

Hostile to the very concept of discrimination.

A recent Knight Ridder article examining Judge Alito's record describes him as being "particularly rigid in employment discrimination cases" and that he has "... seldom found merit in a bias claim."  Is he really so myopic as to believe that discrimination either does not exist or deserves no remedy?  His rulings strongly imply that he doesn't even support the right of individuals to present evidence that discrimination exists.

Apparently so: he was the sole dissent in Glass v. Philadelphia Electric Company (PECO). Glass, a 23-year PECO employee, sued for racial and age discrimination after being denied several promotions, even though during that period he earned two engineering degrees and had only one negative job evaluation. During the trial, PECO claimed that the sole negative job evaluation was the reason that Glass failed to be promoted. When Glass attempted to present evidence to refute that claim, the trial judge refused his motion.  The decision was reversed on appeal with Alito offering the sole dissent, claiming that the trial judge's decision was "harmless."  Incredibly, he further stated his belief that Glass presenting his side of the story could cause "substantial unfair prejudice." Evidently, providing evidence in a case one has filed is itself prejudicial.

Ignoring evidence of blatant age discrimination.

In Keller v. Orix Credit Alliance, Inc., Judge Alito denied a former employee the right to present to a jury his claim under the ADEA despite providing evidence in the form of a statement by the person who fired him: "If you are getting too old for the job, maybe you should hire one or two young bankers."

Views so radical that he does not believe that Congress even had the authority to enact FMLA.

In Chittister v. Department of Community and Economic Development, Judge Alito held that Congress did not have the authority to give state employees the right to sue their employers for damages from violations of the FMLA's unpaid leave provisions. Judge Alito even held that FMLA "creates a substantive entitlement to sick leave."  The Supreme Court later ruled on a similar case that state employees did, in fact, have those rights under FMLA. That 6-3 opinion was written by Chief Justice William Rehnquist.

Supreme Court decisions have real consequences for real people.

Judge Alito's record of opposing basic legal protections for Americans is clear and unambiguous: It is replete with examples of weakening the rights and protections that millions of Americans depend upon. Americans deserve a Supreme Court justice that will rule in a fair manner, not an ideologue who will use his life-long appointment to push a narrow agenda that would winnow away basic rights. His type of extremist judicial philosophy has no place on the Supreme Court. For these reasons, I strongly urge you to vote against this nomination.

Signed,

________

Some suggested contacts & petitions:

Your senators

The Judiciary Committee

Your representatives

Campus Progress "Stop Alito's America"

PFAW "Save the Court"

Planned Parenthood Anti-Alito Petition

Naral Anti-Alito Petition

Plan B Petition

Sending a FAX via the Web (For those of us that don't have a fax machine at home.)

Feel free to copy and paste any and all of the information or images you will see put up over the next couple of weeks into Blogs and letters as we hold Alito's feet to the fire. Even if you only participate on a few of the days it can help make a difference. There are so many issues where Samuel Alito's views and allegiances are just flat out wrong for a SCOTUS nomination.

Note: Tommorrow's actions and reason's are still being worked on today. Feel free to check it out at Booman Tribune  (Just look for the "Justice" diaries) and any help or participation of any kind you can provide will be greatly appreciated. This is another action brought to you by the group that brought you "Operation Yellow Feather" which was a very successful cross blog protest. These actions are designed to help bring the "Left Blogosphere Think Tank" together on our many shared issues.

Actions for: Day 1