Monday, October 31, 2005

Paraphrased or edited from same Dahlia Lithwick post:

Why Alito's opinions demonstrate that he is a fire-brand judicial activist and should be opposed by rational Democrats:

  • He voted to limit Congress' power to ban even machine-gun possession.
  • He opined that police search powers include the right to strip-search a drug dealer's wife and 10-year-old daughter—although they were not mentioned in the search warrant.
  • He upheld a Christmas display against an Establishment Clause challenge.
  • He would raise the barriers for victims of sex discrimination to seek redress in the courts by raising the standard for analyzing race discrimination claims to such an extent that his colleagues on the court of appeals fretted that Title VII of the Civil Rights Act would be "eviscerated" under his view of the law.
  • He sought to narrow the Family and Medical Leave Act such that states would be immune from suit—a position the Supreme Court later rejected.
  • In an antitrust case involving the Scotch tape giant 3M, he took a position described by a colleague as likely to weaken a provision of the Sherman Antitrust Act to "the point of impotence."
  • Alito is the kind of "restrained" jurist who isn't above striking down acts of Congress whenever they offend him.
    • Except, of course, that Alito doesn't think Congress has the power to regulate machine-gun possession;
    • Or to broadly enforce the Family and Medical Leave Act;
    • Or to enact race or gender discrimination laws that might be effective in remedying race and gender discrimination;
    • Or to tackle monopolists.
Alito thus neatly joins the ranks of right-wing activists in the battle to limit the power of Congress and diminish the efficacy of the judiciary.

2 Comments:

At 7:17 AM, Blogger Dan said...

Oppose him, sure, but should they fillibuster? I'm not sure - he's as right wing as hell, but you can't argue about his qualifications. What do you think?

 
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