Quote:
Originally Posted by wolf
Gee, he sounds really scary when you only look at teeny weeny pieces of his career.
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Well. Wolfster, use that intellect of yours to do something other than looking at the fragments. You might start with the 72 page analysis given by your favorite commie outfit, the
ACLU
Since, I realize your time is limited and you have many nuts to crack, I'll reprint their synopsis here:
Alito’s intellectual qualifications are not in doubt. He has a stellar academic record and has held a succession of important government positions during his career. His opinions as a judge are thoughtful and, on the whole, cautious. Generally speaking, he operates within existing precedent rather than rails against it. This judicial style may be partially temperamental; in part, it undoubtedly reflects his role as a circuit court judge bound by Supreme Court caselaw. However, there is often considerable room to interpret Supreme Court decisions and congressional statutes, and Alito has regularly used that room as an opportunity to narrow and restrict civil rights and civil liberties protections. For example, Alito:
1) Wrote a dissent in Planned Parenthood v. Casey arguing that a state’s spousal notification requirement did not unduly burden a woman’s right to privacy, a position later rejected by the Supreme Court;
2) Joined a dissent arguing that a student-led prayer at a high school graduation ceremony did not violate the Establishment Clause;
3) Wrote several dissents arguing for tighter standards for plaintiffs seeking trial on their race, gender and disability discrimination claims;
4) Dissented from a decision ruling that the strip search of a suspect’s wife and ten-year-old daughter exceeded the scope of the search warrant and was therefore unconstitutional;
5) Rejected a death row inmate’s ineffective assistance of counsel claim where the trial counsel had failed to uncover substantial mitigating evidence – a decision later reversed by the Supreme Court;
6) Dissented from an en banc ruling in a death penalty case arguing that the prosecution had unconstitutionally used its peremptory challenges to exclude all the black prospective jurors;
7) Wrote a dissent arguing that a policy prohibiting all prisoners in long-term segregation from possessing newspapers, magazines or photographs unless they were religious or legal did not violate the First Amendment.
It is, of course, impossible to summarize a fifteen-year judicial career in a few bullet points. But it is also fair to say that these highlighted decisions illustrate a broader pattern of judicial decision-making. By and large, Alito’s opinions make it more difficult for plaintiffs alleging discrimination to prevail, easier for the government to lend its support to religion, and harder to challenge questionable tactics by the police and prosecution.