Alito’s Colleagues on Alito: “Radical,” “Unwise,” “Ignores Precedent”

[RedEarth]

Alito’s Colleagues on Alito: “Radical,” “Unwise,” “Ignores Precedent”
During his tenure on 3rd Circuit many of Samuel Alito’s opinions have been roundly criticized by other judges. This is particularly true in civil rights cases. In such cases Alito has been repeatedly criticized, not for being conservative, but for being unfaithful to the law. Here’s a sample:

“What proposes to do in holding is effectively have courts take a back seat to bureaucratic agencies in protecting constitutional liberties. This . . . is a radical and unwise redefinition of the relationship between federal courts and federal agencies . . . .” (Grant v. Shalala, 1993) (Judge Leon Higginbotham)

“We suggest that to read the ‘no reasonable adjudicator’ standard in a way that does away with the need for ‘substantial evidence’ not only guts the statutory standard, but ignores our precedent.” (Dia v. Ashcroft, 2003) (Judge Marjorie Rendell)

“I disagree with holding that a union has ‘actual authority’ to waive its members’ Fourth Amendment rights bound only by the fair representation doctrine. . . . This sweeping assertion divests all public sector employees of their Fourth Amendment rights and strains to make legitimate that which clearly is not.” (Bolden v. Southeastern Pennsylvania Transp. Authority, 1991) (Judge Richard Nygaard)

“ position would immunize 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. . . . Title VII would be eviscerated if our analysis were to halt where dissent suggests.” (Bray v. Marriott Hotels, 1997) (Judge Theodore McKee)

http://thinkprogress.org/2005/11/03/alitos-colleagues/

[texpatriot2004]

1. They would know since they work with him nm

[SillyGoose]

2. Judicial activist. Something the RW was hollering about a few months

back.


Guess they changed their minds about judicial activism now.:sarcasm: