http://www.post-gazette.com/pg/06005/632725.stmHoward Dean: Alito fails the test
America needs a Supreme Court not influenced by personal or political considerations
It's been widely acknowledged that President Bush had a bad year in 2005. One of the problems America faces as a result is the White House's willingness to make decisions based on what's good for the administration politically rather than what's right for America. The nomination of Judge Samuel A. Alito Jr. to replace Sandra Day O'Connor is an example of this. The president hopes to make up ground with his right-wing base, instead of appointing someone who will have the confidence of a wide range of Americans. Over the past few months, as we've learned more about Judge Alito's core beliefs and the kind of justice he would be, it has become clear why the Senate should reject his nomination.
Judge Alito's decisions, such as his attacks on the Family and Medical Leave protections and his willingness to excuse the grossest form of sexual harassment in the workplace based on technicalities, have harmed working people. Judge Alito has also attacked Americans' personal liberties by approving the inappropriate strip search of a 10-year-old and defending the construction of all-white juries by unscrupulous prosecutors trying black defendants. A Supreme Court justice must show impartiality and fairness. Judge Alito does not meet that test.
Further complicating Judge Alito's nomination is a lack of credibility that has emerged as he has tried to distance himself from his record and prior statements. He has supported government overreaching into women's personal lives. He has memory lapses regarding membership in the ultraconservative group Concerned Alumni of Princeton, and he failed to recuse himself from a major Vanguard mutual funds case, despite pledging -- under oath during confirmation hearings for his Third Circuit judgeship -- to do so.
There is much more in the op ed. Very impressed by it.
Ken Mehlman sent out a rebuttal, but he is not very convincing to me. He tries to say that Dean is speaking out of turn, and not speaking for many Democrats. Here is an example of what he considers FACT...pathetic.
FACT: Judge Alito Decides Cases Based On The Facts, Not According To A Predetermined Outcome (No, Ken, that is opinion.)
FACT: Judge Alito Has Been Praised By Democrats: (Yeh, Ken, why are you having to go back to 1990?)
FACT: Judge Alito Is An Open-Minded Jurist: (Again, that is opinion)http://releases.usnewswire.com/GetRelease.asp?id=58897Read Ken's press release, and see what I mean. He convinced me of nothing.