Originally Posted by
Mtnjim
And from the ACLU:
Dear Friend,
The ACLU participates in more cases before the
Supreme Court than anyone besides the U.S. government itself.
Every time we step into that courtroom,
fundamental freedoms are on the line. That will certainly be true later this month when ACLU attorney Jennifer
Dalven, Deputy Director of our Reproductive Freedom Project, will step before the Justices of the Supreme Court to
argue Ayotte v. Planned Parenthood of Northern New England.
With a decision in the Ayotte case, the Supreme
Court could revoke the long-established principle that abortion restrictions must include exceptions to protect a
woman's health. This is the first abortion-related case to reach the Court in five years -- and it will probably be
the last time the ACLU argues a case before Justice Sandra Day O'Connor.
Justice O'Connor has provided more
than a swing vote on the Court. She has been a moderating voice on critical civil liberties issues ranging from race
to religion to reproductive freedom. We cannot know for certain how Judge Alito would vote in Ayotte or any other
case, but there is no question that this nomination calls into question the delicate balance that Justice O'Connor
has helped to shape and preserve.
For example, in Planned Parenthood v. Casey, Judge Alito voted to uphold a
state law provision that required women to notify their husbands before having an abortion. Justice O'Connor joined
with a majority of the court in rejecting his position. In addition, Judge Alito has been more willing to support
state-sponsored religious displays than Justice O'Connor. And he has written several dissenting opinions on the
Third Circuit Court of Appeals that, if accepted, would have not only made it more difficult for victims of
discrimination to prevail in bringing a suit, but would have made it more difficult for them to even get their case
to a jury.
Other troubling positions in Judge Alito's record includes:
Upholding the strip search of a
mother and her ten-year old daughter, even though the warrant allowing the search did not name either of
them.
Holding that Congress does not have the power under the Commerce Clause to restrict the transfer and
possession of machine guns at gun shows.
Holding that Congress did not have authority to require state employers to
comply with the Family and Medical Leave Act.
Make no mistake about it. As the Senate considers the Alito
nomination, we are at a pivotal moment in our nation's history. The Bush Administration is claiming unprecedented
national security powers, reproductive rights are in jeopardy, the teaching of evolution is under attack, and we
continue to struggle with a legacy of discrimination.
The Supreme Court's role as the ultimate safeguard of our
constitutional liberties has never been more critical. With that stark reality in mind, the ACLU will, in the weeks
ahead, compile a complete report on Judge Alito's civil liberties record, including the good and the bad. And, with
your help, we will make sure each and every Senator understands that record and acts on his or her obligation to
protect the Supreme Court's vital position in our constitutional democracy.
We'll be counting on your support
every step of the way.
Sincerely,
Anthony D. Romero
Executive Director
American Civil Liberties
Union
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