Another day in Washington.
Grandstanding senators, and on the other side of the table, lots of big words with very little meaning.
Welcome to the confirmation hearings of Samuel Alito. This arch-conservative is up for the seat being vacated by Justice Sandra Day O’Connor.
So how much is at stake?
To break it down on one set of issues alone —women’s issues.
If Alito is appointed to the Supreme Court, family and medical leave, pay equity, access to contraceptives, abortion rights and equality in education are all on the table.
According to the
National Organization of Women:
Judge Alito wrote the Third Circuit decision that Congress did not have the power to require state governments to comply with the
Family and Medical Leave Act. Three years later, in an opinion written by Chief Justice William Rehnquist (Hibbs v. Nevada), the Supreme Court took the opposite position, upholding the right of Congress to require state and local governments to follow FMLA, referring specifically to the impact on women. Chittister v Department of Community and Economic Development, Alito opinion.
As a justice department attorney, Alito wrote a memo laying out his proposal for the eventual overturning of
Roe v. Wade, showing himself to be an advocate and potential architect of a Roe reversal. In 1991, going farther than any other judge on his circuit, Judge Alito argued that, under his interpretation of the Constitution, a state can require women to notify their husbands before they are allowed to have an abortion. Planned Parenthood of Southeastern Pennsylvania v. Casey, Alito dissent.
Lawsuits were brought by NOW and NAACP in the 1970's to integrate the Pittsburgh police department by sex and race. A decade later, after a consent decree required the hiring of female officers,
sexual harassment became a way of letting them know they weren't welcome. In Robinson v. City of Pittsburgh, a female officer's direct supervisor engaged in two years of harassment (including unhooking her bra, snapping her bra strap, making comments about the size of her breasts, dropping his keys down the back of her shirt and trying to retrieve them, etc.) yet Alito's opinion dismissed most of her claims, including every claim of retaliation, allowed the trial judge to instruct the jury to disregard some of the evidence, and affirmed the judge's refused to admit a City of Pittsburgh report regarding the same supervisor's treatment of another female officer during that time.
Alito has rejected
constitutional and civil rights protections against sexual harassment in schools - an especially pernicious form of sex discrimination. In D.R. v. Middle Bucks Area Vocational Technical School, Judge Alito voted that student who were sexually harassed and abused by fellow students (including repeated forced sexual acts) do not have a civil rights claim (42 U.S.C 1983) because the state did not have any special duty to care for them. A dissenting judge argued, "we owe immature school children attending public school who are seriously injured as a result of a policy of deliberate indifference to their danger no less a remedy than we are willing to provide to incarcerated criminals." This is another example of Alito's inclination to interpret civil rights statutes very narrowly, depriving individuals of legal protections and of their day in court.
So what can be done?
Call your Senator and tell him what you think about Alito’s record. Call before senators vote to confirm—or reject!-Alito on January 24. Dial the Senate switchboard number
(202) 224-3121 and ask for your Senator.