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April 4, 2006
Dear xxx:
Thank you for contacting me about the confirmation of Justice
Samuel Alito to the United States Supreme Court. I appreciate hearing from
you, and I apologize for the delay in my response.
I have had the opportunity to vote on several Supreme Court
nominations during my years in the Senate, and I take this responsibility
very seriously. It is a solemn duty that requires me to determine not
just if a candidate has the intellectual capacity for the position, but
whether he or she will protect the rights and liberties guaranteed to
individuals by our Constitution.
President Bush nominated Justice Alito to replace retiring Justice
Sandra Day O’Connor, who for more than two decades represented a
critical swing vote on the Court. On important issues, Justice O’Connor
distinguished herself as a fair and impartial jurist guided by facts, law,
and precedent, rather than by personal ideology.
I did not see the same attributes in Justice Alito. During his
confirmation hearings, Justice Alito refused to acknowledge that Roe v.
Wade was settled law. A Washington Post analysis revealed that during
his tenure on the Third Circuit Court of Appeals, Alito sided against
three of every four people asserting to be victims of discrimination. In
one case, siding with the defense, he cited concerns about the cost of
jury trials to employers. Finally, in contrast to Justice O’Connor’s
pronouncement that the war on terror does not constitute a “blank check”
for the President, Justice Alito has spoken in favor of the “unitary
executive” theory, putting the President above the other, co-equal
branches of government.
Because of these and other concerns, I could not support Justice
Alito’s confirmation. As you know, he was ultimately confirmed by the
Senate by a vote of 58-42.
Thank you again for contacting me.
*****
At least he voted against him.
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