Sierra Club opposes Supreme Court Nominee Judge Samuel Alito, Jr.

Supreme Court Nominee Judge Samuel Alito, Jr.

http://sierraclub.org/politics/judicialnominations/supremecourt/alito.asp

In late October, President Bush missed a historic opportunity to build consensus by nominating a new Supreme Court justice who would continue to uphold the rights and protections afforded to all Americans. Instead, he nominated Judge Samuel Alito, Jr., a champion of the extreme right wing and a nominee who may represent great danger to Americans' ability to protect our clean air, clean water, and special places.

Of great concern are Judge Alito's Constitutional opinions in several cases -- opinions that threaten both the ability of Congress to pass laws to protect the environment, and the ability of citizens to enforce those laws.

In U.S. v. Rybar, Judge Alito dissented from a decision upholding Congress' power under the Commerce Clause to regulate possession of machine guns. His reasoning is extremely troubling given that, if confirmed, Judge Alito would be ruling on two cases now pending before the Supreme Court on whether this same Constitutional provision -- the Commerce Clause -- gives Congress the authority to protect any of America's streams and wetlands. This same philosophy could also eventually jeopardize the environmental laws that protect clean air, clean water, wildlife, and more.

Judge Alito has also held that Congress does not have the authority to require states to provide the same benefits to their employees under the Family and Medical Leave Act that are enjoyed by all other Americans (Chittister v. Department of Community and Economic Development). This narrow view of Congressional power is alarming because much of the protection afforded by the Clean Air Act, Clean Water Act, Safe Drinking Water Act, etc. rests in the power to require states to protect the air and water of their citizens.

Judge Alito has also ruled (in Public Interest Research Group (PIRG) v. Magnesium Elektron) that the Constitution bars citizens from enforcing the Clean Water Act even against a company that admitted it had been violating the law for years. The Magnesium Elektron decision threatened to put a stop to most Clean Water Act enforcement. Fortunately, the Supreme Court effectively reversed this decision three years later in another case.

In the first such move since the Bork nomination of 1987, on December 20 the Sierra Club joined with other national environmental groups to urge Senators to oppose the confirmation of Samuel Alito to the U.S. Supreme Court. Americans deserve mainstream, independent Justices, with unassailable integrity, who will protect individual rights and freedoms. Unfortunately, Judge Alito's opinions and other statements, combined with a disturbing lack of candor since being nominated, show that Judge Alito cannot be trusted to protect those rights and freedoms. Senators from both political parties must take this responsibility seriously and not be a rubber stamp for the President's choice.

For more information on Judge Alito's record on a variety of issues, visit:

People for the American Way http://www.pfaw.org/pfaw/general/

The Alliance for Justice http://www.supremecourtwatch.org/

Earthjustice http://www.earthjustice.org/policy/judicial/whats_new/index.html#alito

Why We Oppose Judge Alito's Confirmation 1-10-06 email
For the first time since the Robert Bork nomination of 1987, the Sierra Club has joined with other national environmental groups in urging Senators to oppose the confirmation of a nominee to the U.S. Supreme Court.

The Sierra Club's opposes Judge Samuel Alito's based on opinions in the past, in which he ruled to limit the ability of Congress to pass laws to protect the environment, and the ability of citizens to demand enforcement of those laws.

The Senate's confirmation hearings on Judge Alito started yesterday. Last week, the Sierra Club ran radio ads to draw attention to the threat that Alito's constitutional philosophy poses to laws like the Clean Water Act.

Contact your senator to add your voice to the chorus opposing Judge Alito's confirmation.