Booman Tribune

For Justice Day 9 - Created Equal

by BostonJoe
Tue Dec 20th, 2005 at 07:33:12 AM EST

I volunteered to participate in "The Twelve Days of Justice" because I believe Judge Samuel Alito is a right-wing nut job.  It is my opinion that he will fundamentally alter the way that we now view the U.S. Constitution so that my children will grow up in a world that I will not recognize.  Nothing I have read over the course of the first eight days has changed my mind.  If anything, I am more frightened at the prospect of a Roberts-Scalia-Thomas-Alito block controlling the court.  Here are the diaries for days one through eight:

Day one:  The Coming Alito Attack on the Legislative Branch by tampopo.
Day two:  Alito Hates Old People and Those with Families by AP.
Day three:  Alito Is Ethically Challenged by Steven D.
Day four:  Alito Hates the Disabled by susanhu.
Day five:  Say Bye-Bye to the Right to Choose by Connecticut Man 1.
Day six:  Church and State Are Like Two Peas in a Pod by Alice.
Day seven:  Alito's a Threat to the Establishment Clause by Alice.
Day eight:  Alito Hates Girls by Teacher Toni.

If you haven't been on board up until now, that's okay.  You can easily go back through the list and catch up with the rest of us.  We want to flood their offices with our letters in opposition to Alito before they get started on the hearings.

Feel free to share this around the blogosphere.  My contribution can be cut and pasted from the blockquote below.  Try mailing it, e-mailing it, faxing it, or calling up and reading it to some poor staffer.  Here are the contact links:

Your Senators
The Judiciary Committee
Your Representatives
Via Web FAX

Thanks to tampopo for organizing this and to everyone at the Booman Tribune for working so hard to try to defeat this nominee and preserve justice.

Dear Senator,

The United States Supreme Court has struggled through the decades to live up to the promise that America is a land where "all men are created equal."  From an early history that treated African-Americans as property and later allowed for legal segregation, the Court has evolved through the Civil Rights era to support equality for all races in the eyes of the law.  We have still not met the full promise of our founding fathers, but the Court has made substantial progress.

In examining the judicial record and personal history of Supreme Court nominee Samuel Alito, I am concerned that he has expressed opinions which would set back much of the progress that has been made by the Court in assuring the equality that should be our highest ideal.  My concerns are shared by the 42 House members of the Congressional Black Caucus:

"The Congressional Black Caucus, which includes 42 House members... will announce Thursday its opposition to Alito....  'The members of the CBC are concerned about Judge Alito's opinions, many in dissent, in race cases where his decisions have disproportionately affected African-Americans,' said Rep. Mel Watt, D-N.C., the caucus chairman. 'We are troubled by what appears to be a very conservative judicial philosophy that seems greatly at odds with much of 20th century constitutional jurisprudence,' Watt said." - Associated Press, December 7, 2005.

The CBC's concerns are supported by the record.  In his dissent in Bray v. Marriott Hotels (1997), Alito's logic actually allows lawful, race based discrimination.  The majority decision in the case noted that Alito would have protected racist practices by  "immuniz[ing] an employer from the reach of Title VII if the employer's belief that it had selected the `best' candidate was the result of conscious racial bias."

Alito has been similarly hostile to the rights of immigrants.  In opinions ruling against immigrants, Alito "guts the statutory standard" and "ignores our precedent" according the majority opinion in DIA v. Ashcroft (2003), and he contradicts "well-recognized rules of statutory construction" according to the majority opinion in Ki Se Lee v. Ashcroft (2004).

These troubling legal opinions are compounded by revelations about Alito's personal background in the Daily Princetonian (Alito '72 Joined Conservative Alumni Group - November 18, 2005):

"[I]n a 1985 job application, Supreme Court nominee Samuel Alito '72  wrote that he is 'particularly proud' of his work on cases arguing that 'racial and ethnic quotas should not be allowed.... '  Now, opponents to his nomination are using another piece of information from those documents to suggest he is far outside the mainstream in his political and social views: Near the end of his 'Personal Qualifications Statement' for a high-level job in Ronald Reagan's Justice Department, Alito wrote that he was 'a member of the Concerned Alumni of Princeton University, a conservative alumni group....'  But Marsha Levy-Warren '73, who was a member of the University's first coeducational class and student government vice president, remembers things differently.... [S]he said the group 'stated explicitly that they were not in favor of coeducation and that they weren't in favor of affirmative action. Implicitly, they were opposed to any form of diversity on campus.' "

Our Supreme Court has evolved historically toward the original promise that  "all men are created equal."  Nominee Alito is a step in the wrong direction.  Vote no on his confirmation and force President Bush to send a nominee to the court who will ensure equal rights to American citizens without regard to their race.

Sincerely,



Display:
Thank you BostonJoe for writing this.

I came across this quote from William O. Douglas: "At the constitutional level where we work, 90 percent of any decision is emotional. The rational part of us supplies the reasons for supporting our predilections."

I fear Alito's "predilections."  

Those who dance are considered insane by those who can't hear the music. (George Carlin)

by tampopo on Tue Dec 20th, 2005 at 08:35:29 AM EST
Good quote.  Reminds me of an old marxists I ran into not long ago.  Said that he'd spent a lifetime believing in his cause.  Before he came across a philosopher who convinced him that any real economic/political philosophy was ultimately undefensible except to say that it is simply what one believes.

"Have you no sense of decency, sir. At long last, have you left no sense of decency?" -- Boston Attorney Joseph Welch, taking down Sen. Joseph McCarthy.
by BostonJoe on Tue Dec 20th, 2005 at 09:18:40 AM EST
[ Parent ]
brav-O!

Numquam ponenda est pluralitas sine necessitate - William of Ockham
by Cedwyn (cedwynn at gmail dot com) on Tue Dec 20th, 2005 at 10:01:43 PM EST
[ Parent ]
Tell your Senators, no to Alito:

Save the Court Petition

And while you're at it: sign Planned Parenthood's anti-Alito petition, too:
Planned Parenthood Petition

NARAL is shooting for 500,000 signatures, please add yours:

Naral Anti-Alito Petition

And don't forget: urge Congress to support Plan B:

Plan B Petition

by judybrowni (judybrowni@usa.net) on Tue Dec 20th, 2005 at 01:55:46 PM EST
[ Parent ]
Thanks for posting this. I've changed the graphic at Howard-Empowered People to link to this diary. If anyone wants to grab that graphic to use as a link on another blog, you're welcome to it.

Day 9 - Created Equal

by Renee in Ohio on Tue Dec 20th, 2005 at 10:20:32 AM EST
Thanks for this.

"Have you no sense of decency, sir. At long last, have you left no sense of decency?" -- Boston Attorney Joseph Welch, taking down Sen. Joseph McCarthy.
by BostonJoe on Tue Dec 20th, 2005 at 10:21:13 AM EST
[ Parent ]
I like that you have used a bit of humour to open your diary in describing the previous diaries. It really makes a nice change of pace in the flow when compared to the earlier efforts.

And then you get down to business.

Support BooTrib

by Connecticut Man1 (connecticutman1 ATsbcglobal DOT net) on Tue Dec 20th, 2005 at 10:43:49 AM EST
Up at My Left Wing, Political Cortex, My Left Nutmeg, and ePluribus Media.

Support BooTrib
by Connecticut Man1 (connecticutman1 ATsbcglobal DOT net) on Tue Dec 20th, 2005 at 04:22:29 PM EST
Thanks for the update and the post. I've been following this series thanks to ConnecticutMan1, who posts over at the Cortex.

If I can add anything to the discussion today, it would be this, which further debunks the role of "balanced media" in all this.

Political Cortex: Brain Food for the Body Politic

by Alice in Wonderland (btyarbro@uncg.edu) on Tue Dec 20th, 2005 at 04:31:16 PM EST
Thank you for stopping by... And the diary on C-Span is very interesting. I cruise the diaries at Political Cortex a couple of times a day usually. (More often these days with the "cross-post festival" going on. lol)

Feel free to take part in this if you want... The diaries sometimes go up here at BooTrib the night before for final editing, etc. (I know I took advantage of that option for the one I wrote! lol) and we are always looking to add another voice to the chorus.

And just so you know... It is Tampopo's idea that we built on. And Dozens of others are behind all this.

Support BooTrib

by Connecticut Man1 (connecticutman1 ATsbcglobal DOT net) on Tue Dec 20th, 2005 at 06:17:22 PM EST
[ Parent ]
I knew it was a big project, but these days, we need every voice and blogger we can recruit.

Thanks for the encouragement, too.  I've been inundated lately with grading finals and a Winter session online course, but I'm trying to keep up with all my posting duties.

Maybe things will level off, soon, and I can participate more here.  I REAALLY like BooMan (the blog and the poster. Still feel more like a lurker, though.)

Political Cortex: Brain Food for the Body Politic

by Alice in Wonderland (btyarbro@uncg.edu) on Tue Dec 20th, 2005 at 07:29:19 PM EST
[ Parent ]
Lurkers are welcome here. Jump in any time. I resonate to the finals grading as I contemplate the  yet-to-be-grade pile on my desk (this is a great & worthwhile diversion).  And Political Cortex is a wonderful new experiment in activist thinking; I like it very much!
by Kidspeak on Wed Dec 21st, 2005 at 12:01:15 AM EST
[ Parent ]
i actually had to * go * to work today and had no internet access.

: (

this will be true for the remainder of the 12 days.

: (

why?  because the dumb bitch who had the job before me apparently did * nothing * but surf and download, etc., so they took that workstation offline.

!@#$%&

i'm going to try to convince them, though...i suspect they'd be sympathetic to the cause.

; )

Numquam ponenda est pluralitas sine necessitate - William of Ockham

by Cedwyn (cedwynn at gmail dot com) on Tue Dec 20th, 2005 at 09:58:46 PM EST
dembloggers, though...i called brian.

: p

Numquam ponenda est pluralitas sine necessitate - William of Ockham

by Cedwyn (cedwynn at gmail dot com) on Tue Dec 20th, 2005 at 09:59:17 PM EST
[ Parent ]
AHHH! Calling in the reinforcements. lol

I'll note that for tomorrow.

I thought that maybe your internet was down again.

Support BooTrib

by Connecticut Man1 (connecticutman1 ATsbcglobal DOT net) on Tue Dec 20th, 2005 at 10:47:54 PM EST
[ Parent ]
someone else will hafta get mydd.  i'll get brian to do it again...

; )

i'll also post an all-inclusive diary version...it will stay on the front page a lot longer, i'm sure.

Numquam ponenda est pluralitas sine necessitate - William of Ockham

by Cedwyn (cedwynn at gmail dot com) on Wed Dec 21st, 2005 at 01:11:16 AM EST
[ Parent ]
http://www.dembloggers.com/?op=displaystory;sid=2005/12/20/225036/05

Numquam ponenda est pluralitas sine necessitate - William of Ockham
by Cedwyn (cedwynn at gmail dot com) on Wed Dec 21st, 2005 at 01:57:52 AM EST
[ Parent ]
This is a great letter.  I love that you cited cases to back up your concerns.  I will copy this verbatim, if you don't mind.

Is it 2009 yet?
by Teacher Toni (tacoralatyahoodotcom) on Tue Dec 20th, 2005 at 10:41:41 PM EST
by Connecticut Man1 (connecticutman1 ATsbcglobal DOT net) on Tue Dec 20th, 2005 at 09:36:45 PM EST
There is also an excellent diary over at political cortex:  Alito Gives the Congressional Black Caucus the Finger.

remember tampopo's suggestion:  collect all 12 when they are done and share them as booklets with people.


Numquam ponenda est pluralitas sine necessitate - William of Ockham

by Cedwyn (cedwynn at gmail dot com) on Wed Dec 21st, 2005 at 01:17:01 AM EST
I was thinking that maybe we should just start adding links to these stories, like the CBC one and the one by troutfishing, into the bottom of the diaries when we cross post them.

Put them in the bottom as "Bonus links/added background". Even Armando has a few good ones that would be worth adding to a section like that.

Or maybe we could format a first comment that could include many links?

Watchathink?
Yes? No? Maybe?

Support BooTrib

by Connecticut Man1 (connecticutman1 ATsbcglobal DOT net) on Wed Dec 21st, 2005 at 01:43:41 AM EST
[ Parent ]
i've been doing it!

also check out the dembloggers round-up version:

http://www.dembloggers.com/?op=displaystory;sid=2005/12/20/225036/05

it's a diary, so hopefully, will get more visibility

Numquam ponenda est pluralitas sine necessitate - William of Ockham

by Cedwyn (cedwynn at gmail dot com) on Wed Dec 21st, 2005 at 02:56:42 AM EST
[ Parent ]
It's your birthday, It's your birthday.  One successful fillibuster down and an Alito to slap like a mosquito to go!  CHARGE!!!!!!!!!!!!!!!!

PMS Purchase More Shoes
by Militarytracy on Wed Dec 21st, 2005 at 01:29:21 PM EST


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