The latest documents released November 28, on the history of President Bush’s Supreme Court nominee, Judge Samuel Alito Jr., would suggest that if the nomination is approved in January, Alito will likely swing the highest court in the land further to the right.

Alito, a New Jersey native, was selected by the President after his first nominee, Harriet Miers, failed to win support for her confirmation hearing from ultra-conservative Bush supporters and many Republicans in the Senate. The Third Circuit Court judge would replace retiring Supreme Court Associate Justice Sandra Day O’Connor.

In the documents released by the Justice Department, the New York Times reports that Alito “played an active role in advancing the [Reagan] administration’s efforts to expand law enforcement powers and limit restrictions on prosecutors” when he worked as a lawyer in the Reagan Justice Department.

The November 29 article also reports that Judge Alito, in one document, “wrote dissenting opinions that would have reduced protections against police searches, including one regarding a strip search of a 10-year-old girl.” In another he argued for stronger penalties specifically for violent civil rights violations. Alito also challenged a draft of the United Nations Convention on the Rights of the Child by stating, in a 1987 memo, that the UN document infringed on the right of state governments to set their own policies on matters like child welfare standards and the administration of the death penalty for minors.


Hearings Postponed

The Senate, which has the role of approving the President’s judicial appointments, postponed Alito’s confirmation hearing until January 2006. The Constitution gives the President the power to nominate judges, but judges only get confirmed if the Senate decides they are suitable for a lifetime appointment and votes to approve them.

New York Senator Hillary Clinton, in a letter to constituents concerned about Alito’s nomination, stated, “What we currently know about Judge Alito raises serious questions about whether he will be steadfast in protecting our most fundamental rights. I hope that both the President and Judge Alito will be forthcoming during this process so that my colleagues and I can fully discharge our constitutional mandate of providing the President with meaningful advice and consent on his nomination.

“Please be assured that I intend to closely examine Judge Alito’s record and qualifications and carefully monitor the Judiciary Committee hearings in order to determine whether he intends to be a guardian of the rule of law who puts fairness and justice before ideology.”

Your senators (Clinton and Chuck Schumer) need to hear from you, and they need to hear from you now. Write or call your senators and urge them to reject the Bush administration’s court-packing plan. Tell them we need and deserve balance on the federal courts, not courts packed with ultra-conservative appointees who do not reflect mainstream America. You can do that by using the “Contact Congress” form on the right-hand side of this page.

Members can also check Senator Clinton’s website by logging onto www.clinton.senate.gov for updates on this and the other important issues being discussed before the United States Senate.